final - pipeline and hazardous materials safety administration

Federal Register / Vol. 46, No. 143 / Monday, July 27, 1981 / Rules and Regulations

FEDERAL COMMUNICATIONSCOMMISSION

47 CFR Part 15

Radio-Frequency Devices;Interpretations of Rules for ComputingDevices.

AGENCY: Federal CommunicationsCommission.ACTION: Public-notice; Interpretations ofFCCRules.

SUMMARY: This document announces theavailability of a bulletin that is acompilation of questions and answersculled from letters received by the FCC.The answers set out in the bulletinconsist of a book of interpretations ofthe'computer rules contained in Part 15Subpart J which had been adopted in1979 and were revised in 1980 and 1981.The questions and ansvers are issuedas a bulletin to make theseinterpretations available to the generalpublic.ADDRESS: Federal CommunicationsCommission, Washingtin, D.C. 20554FOR FURTHER INFORMATION CONTACT.Mr. Art Wall, Office of Science andTechnology, RF Devices Branch, Room8302, Washington, D.C. 20554 (202) 653-8247

Office of Science and Technology IssuesBulletin on Interpretations of Rules forComputing Devices

The Commission's Office of Scienceand Technology has issued Bulletin OST52 "Interpretations of FCC Rules forComputing Devices (Part 15 Subpart J)."

In September of 1979, in Docket 20780,the Commission-adopted regulationsdesigned to confrol the interferencepotential to radio and TV receptioncaused by computing devices. Theregulations were revised onreconsiderationm April of 1980. Therules for computing devices are set forthin Part 15 Subpart 1.

In May 1980, a panel was establishedto answer inquiries requestinginterpretation of the rules for computingdevices. The panel has received andresponded to numerous such inquiries.

Bulletin OST 52 summarizes, inrepresentative question and answerform, the interpretations made by thecomputing device panel. The questionsand answers are grouped into fourcategories for easy reference:classification, compliance,measurements and labelling.

OST 52 is available'from theCommisiion's Office of Public Affairs,Consumer Assistance and InformationDivisioi at 1991 M St., NW, Washington,DC 20554, telephone (202) 632-7260.

Additional questions concerning OST52 or the computing device regulationsshould be directed to the Chairman ofthe Computing Device Panel, Office ofScience and Technology, FederalCommumcations Commission,Washington, DC 20554, telephone (202)653-8247Federal Communications Commission.William J. Tncarico,Secretary.[FR Doc. 1--Zii S1iFcd 7-24-aU&.- 45= m]BILUNG coon 6712-11-

DEPARTMENT OF TRANSPORTATIONResearch and Special ProgramsAdministration

49 CFR Part 195

[Amdt. 195-22; Docket PS-70]

Transportation of Liquids by Pipeline

AGENCY. Materials TransportationBureau (MTB).ACTION: Final rule.

SUMMARY: This final rule amends theliquid pipeline safety regulations in Part195 to conform with and reflect itsissuance under the authority of theHazardous Liquid Pipeline Safety Act of1979 (Title 11 of Pub. L 96-129,November 30,1979) (HLPSA) andincorporates a number of HLPSAprovisions into Part 195. Briefly, thisdocument:

1. Cites the HLPSA as the statutoryauthority for Part 195;

2. Incorporates HLPSA terminologyand definitions into Part 195;

3. Restricts the application of Part 195to pipelines used for moving petroleum,petroleum products, or anhydrousammoma in interstate or foreigncommerce.

4. Distinguishes interstate andintrastate pipeline facilities;

5. Increases from $1,000 to $5,000 thedollar amount of property damage thattriggers operator accident reporting;

6. Provides for the preparation,maintenance, and carrying out ofinspection and maintenance plans asrequired by the HLPSA; and

7 Incorporates current DOTorganizational designation.DATES: The effective date is July 27,1981. Comments received by October 23,1981, will be considered. Late filedcomments will be considered to theextent practicable.ADDRESS: Comments should identify thedocket number and be submitted intriplicate to Dockets Branch, Room 8428,Department of Transportation, Materials

Transportation Bureau, 400 7th StreetSW., Washington, D.C. 20590. Commentswill be available to the public for reviewat the Dockets Branch location between.8:30 a.m. and 5:00 p.m. each workingday.FOR FURTHER INFORMATION CONTACT.Frank Robinson, (202) 426-2392.

SUPPLEMEATARY INFORMATION: Becausethis document sets forth policy decisionsand interpretations and does not imposeany new requirements, it is being madeeffective in less than 30 days afterpublication.

Although the amendments to Part 195made by this document are final aspublished, any interested person maysubmit written views and commentswith respect to matters which areaffected by the document. Suchcomments will be carefully consideredand may provide the basis for furtheramendments to Part 195.

The HLPSA established a newstatutory basis for MTB's liquid pipelinesafety regulatory program. TheTransportation of Explosives Act (18U.S.C. 831-835) TOEA), whichpreviously authorized the program, wasrepealed by § 216(b) of the HLPSA.

Although § 218(a) of the HLPSApermits the Part 195 liquid pipelineregulations to continue in effect asthough issued under the authority of theHLPSA, this document is necessary forPart 195 to expressly reflect the newterminology and program directionembodied in the HLPSA.

Scope andApplicabilty. Before thisamendment, the Scope section (§ 195.1)stated that Part 195 applied to thepipeline transportation in interstate orforeign commerce of all hazardousmaterials subject to 49 CFR Parts 172and 173 and petroleum or petroleumproducts except for pipelines carryingwater or gas, gravity flow pipelines,certain low stress level pipelines, ruralonshore gathering lines (althoughaccident reports have been required forthese lines), and certain offshorepipelines located on the OuterContinental Shelf (OCS) that areregulated by the Department of the-Interior. The regulated pipeline systemsincluded different types of storagefacilities named in the regulations thatwere part of the overall system.

As described in detail below underitem 1, the Scope section of Part 195 hasbeen divided and restated as new§ 195.0-Scope--and § 195.1-Applicability-to conform to HLPSAterminology and to more clearly spellout jurisdictional exclusions. Inaddition, as discussed under item 2. thejurisdiction of Part 195 in terms of

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liquids being transported, is limited tothree categories of commodities. Storagesubject to regulations is covered underitem 3.

1. Transportation Subject toRegulation. Section 203(a) of the HLPSAauthorizes the regulation of the"transportation of hazardous liquids"and "pipeline facilities"

"Transportation of hazardous liquids"is defined in Section 202(3) of theHLPSA to mean* * *

The movement of hazardous liquids bypipeline or their storage incidental to suchmovement, m or affecting interstate or foreigncommerce; except that it shall not includeany such movement through gathering linesin rural locations or onshore production.refining, or manufacturing facilities or storageor inplant piping systems associated with anysuch facilities.

The extent to which reissued Part 195Is an exercise of this regulatoryauthority is set forth in restated § 195.1.Paragraph (a) of § 195.1 lists the pipelinefacilities and associated transportationto which Part 195 applies. That list islimited to pipeline facilities used intransporting hazardous liquids ininterstate or foreign commerce andfacilities on the OCS. The reasons forthis limitation, an explanation of theterms employed to describe interstatepipeline facilities and MTB's plans forextending application of Part 195 tointrastate facilities, are discussed laterin thispreamble.

Paragraph (b) of restated § 195.1 listsspecific activities and facilities which bystatute or administrative decision areexcluded from the application of Part195. This list includes the HLPSASection 202(3) exception clause. Theexception for rmal gathering lines isstated in § 195.1(b)(4) and the exceptionfor onshore production, refining, andmanufacturing facilities, and storageand rnplant piping associated with suchfacilities is stated in §-195.1(b)(6).

2. RegulatedLiquids. Section 202 ofthe HLPSA defines a "hazardous liqud"to mean-

(a) petroleum or any petroleumproduct, and

(b) any substance or material which isin a liquid state (excluding liquefiednatural gas) when transported bypipeline-facilities, and which asdetermined by the Secretary, may posean unreasonable risk to life or propertywhen transported by pipeline facilities.

Under this definition, petroleum and\petroleum products are required to be

subject to Part 195 regulations, and theSecretary is vested with discretionaryauthority to apply the regulations toother substances and materials. By thisamendment, the MTB is, for theimmediate future, limiting the

application of Part 195 to petroleum,petroleum products and anhydrousammnoma.

The MTB takes this action becausethe hazards associated with anhydrousammonia are well'known and because itis the principal hazardous liquid inaddition to petroleum and petroleumproducts transported by interstatepipeline facilities. The extent and natureof the risks of pipeline movements ofother liquid materials need to beexamined and an affirmative,det'ermination made concerning which,if any, pose the kind of risk that wouldjustify classifying them as "hazardousliquids" for purposes of pipeline safetyregulation. As MTB makesdeterminations to extend the coverageof Part 195 to other hazardous liquids,such determinations will be madethrough future public rulemakingproceedings.

The MTB's decision to limit thecoverage of Part 195 to-petroleum,petroleum products, and anhydrousammonia is reflected in the newdefinition of "hazardous liquid" addedto § 195.2-Definitions, andincorporation of that term m appropriateprovisions throughoutPart 195.

Consistent with MTB's reasons forlimiting the number of materials classedas "hazardous liqids in Part 195, thisamendment revokes the requirements of§ 195.6 relating to notification of intentto transport materials other thanpetroleum or petroleum products andSecretarial review of such transport.

3. Storage Subject to Regulation.MTB's authority to establish mmunumFederal hazardous liquid pipeline safetystandards under the I-ILPSA extends to"the movement of hazardous liquids bypipeline, or their storage incdental tosuch movement" (§ 202(3) of the HLpSA)(italic added). In referring to thisprovision, the Senate report thataccompamed'the HLPSA states'that, "Itis not intended that authority overstorage facilities extend to storage inmarine vessels or storage other thanthose which are mcidental to pipelinetransportation." (Sen. Rpt. 96-182, 1stSess., 96th Cong. (1979), p. 18.) Earlierlaws had vested the Department ofTransportation with extensive authorityto prescribe safety standards governingthe movement of hazardous liquids inseagoing vessels, barges, rail cars,trucks or aircraft and storage incidentalto those forms of transportation. Fromthe words of the new HLPSA and therelated Senate report language, it isclear that the Congress did not want'toduplicate or overlap any of those earlierlaws. Thus, HLPSA regulatory authorityover storage does not extend to anyform of transportation other than

pipeline or to any storage or terminalfacilities that are used exclusively iotransfer of hazardous liquids in orbetween any of the other forms oftransportation unless that storage orterminal facility is also "incidental" to apipeline which is subject to the HLPSA,These storage and terminal facilities areexpressly excluded from the coverage ofPart 195 by a new § 195.1(b)(7).

It is equally clear to the MTB that itsHLPSA authority to prescribe andenforce safety standards with respect tostorage "incidental" to the movement ofhazardous liquids by pipeline Is farbroader than It is currently exercising inPart 195. For example, although the MTBdoes not have any immediate plans forsuch application, the HLPSA wouldauthorize minimum Federal design,construction, testing, operating andmaintenance standards for hazardousliquid pipeline terminal tank farms andthe various forms of undergroundstorage.

Since its Issuance in 1969, Part 195 hasapplied to storage called "breakouttankage" by virtue of the inclusion ofthat term in the definition of "pipelinesystem" or "pipeline." A number ofspecific provisions n Part 195 haveimposed limited substantiverequirements on storage called "aboveground storage tanks," "storage vessels"and "tank farms." At some future date,the MTB anticipates raising with thenewly established advisory committee,the Technical Hazardous Liquid PipelineSafety Standards Committee, questionsas to the adequacy of the storageprovisions in Part 195 and the possibleneed for changes in substance orcoverage of those provisions.

Meanwhile, the MTB believes that itshould try to make Part 195 more preciseregarding the lands of storage to whichthat Part applies and at the same timenot extend its application to any storagonot previously covered. It Is the MTB'sintention that current applicability ofPart 195 to storage be limited to tanksused for the following two kinds ofstorage functions. First, tanks used torelieve surges in a hazardous liquidpipeline. This is sometimes calledworking tankage or a form of operatingtankage. Second, tanks used to receivehazardous liquid from a pipeline andstore it temporarily for reinjection into apipeline for continued transportation.This type of storage aids in thedispatching of different types andgrades of hazardous liquids through apipeline system. A new definition of"breakout tank," which includes both ofthese functional categories of storagetanks, has been added to § 195.2 and thesubstantive provisions in § § 195.132,

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195.260(b), 195.264,195.414 (a) and (c),195.428(b), 195.430, 195.432, 195.434,195.436 and 195.438 have been adjustedto reflect this new term.

Definitions. A number of otherchanges have been made m the list ofdefinitions in § 195.2 to comport with theprovisions of the HLPSA. A definition of"person" has been taken verbatim fromthe HLPSA. A-definition of "pipelinefacility"'has been added which tracksthe HLPSA definition of "pipelinefacilities" but omits phrases that are notnecessary for the purposes of Part 195.

The term "carrier" has been replacedwith the term "operator" throughout Part195 and the definition of "carrier" m§ 195.2 deleted and replaced with adefinition of "operator." These changesreflect the jurisdictional shift from theTOEA (pipeline carriers engaged ininterstate commerce) to the HLPSA(persons who engage in transportinghazardous liquids by pipeline m oraffecting interstate or foreigncdmmerce).

Distinction Between Interstate andIntrastate Pipeline Facilities. The scopeof the new regulatory authority underthe ILPSA is broader.than thatauthorized by the TOEA. TOEAcoverage was limited to interstatehazardous liquid pipeline carriers.Under the TOEA, only those intrastatehazardous liquid pipeline activitiescarried out by interstate pipelinecarniers were subject to regulation. TheHLPSA authorizes the regulation of.interstate and intrastate hazardousliquid ppelines and pipeline facilities.

Section 205 of the HLPSA provides forState agencies to assume a major role inthe regulation of intrastate hazardousliquid pipelines, paralleling the role forState agencies regarding natural gaspipelines under the Natural Gas PipelineSafety Act of 1968. The § 205 program isto be a cooperative effort, with Stateagencies adopting and enforcingapplicable Federal regulations under

,State laws.For this intended Federal-State

cooperative program to functionproperly, it is necessary that there be aclear delineation between what isinterstate (subject to exclusive Federaljurisdiction] and what is intrastate(eligible for continuation or assumptionof State jurisdiction). To this end, theMTB reviewed examples of what itbelieves are the most frequent and likelyconfigurations of liquid pipelines andpipeline facilities and consideredvarious ways of cataloging or classifyingthem as either interstate or intrastate.As a result, the MTB has concluded thatthe inventory of liquid pipelines thathave been identified as being subject tothe economic regulatory jurisdiction of

the Federal Energy RegulatoryCommission (FERC) (and itspredecessor the Interstate CommerceCommission) closely equates to theHLPSA category of pipelines used forthe movement of hazardous liquids minterstate or foreign commerce.

The MTB has been advised by theFERC that it does not exercise fully thisjurisdiction, having administrativelyexempted some interstate pipelines (e.g:private carrier pipelines) from some orall of its economic regulatoryrequirements. These exempted pipelinesare nevertheless interstate and subjectto FERC jurisdiction. They are alsoregarded by MTB as subject to Federalsafety regulation as interstate pipelines.

This adniinistrative reliance on theinterstate-intrastate distinctionsestablished under preexisting Federalecononuc regulatory statutes forapplying Federal safety standards isconsistent with what is required by lawin the case of natural gas pipelines. TheNGPSA expressly defines interstatenatural gas pipelines for safetyregulatory purposes as being those thatare subject to the economic regulation ofthe FERC under the Natural Gas Act.This consistency of definition betweenFederal agencies and between economicand safety regulatory programs servesto avoid or mimniize confusion for theprivate sector and government alike.

All of the hazardous liquid pipelinefacilities and their associatedtransportation of hazardous liquids thatare subject to FERC jurisdiction underthe Interstate Commerce Act are alsosubject to)lTB safety regulation asinterstate pipeline facilities andinterstate transportation of hazardousliquids under the HLPSA. There are,however, additional crude oil pipelineslocated on the OCS which do not fallwithm the FERC's economic regulatoryjurisdiction. The MTB's safetyresponsibility for oil pipelines on theOCS is not so limited. Under § 21(a) ofthe Deepwater Port Act of 1974, the MTBis required to "establish and enforcesuch standards and regulations as maybe necessary to assure the safeconstruction and operation of oilpipelines on the Outer ContinentalShelf."

Accordingly, revised § 195.1(a)provides that Part 195 applies topipelines which are subject to FERCjurisdiction and pipelines whichoriginate on the OCS.

Regulation 6f Intrastate Pipelines.Section 203 of the HLPSA reserves to theFederal government full and exclusivesafety regulatory responsibility forinterstate hazardous liquid pipelinefacilities. Part 195 now sets forth the

safety standards for that category ofpipeline facilities.

Section 205 of the HLPSA, on theother hand, invites the States to assumeresponsibility for enforcement of theFederal safety standards to intrastatehazardous liquid pipeline facilities. Stateparticipation in enforcement can occurm either of two ways. A State agencymay submit to the MTB an annualcertification that it has adopted theFederal standards under Sate law and isconducting enforcement activities, or msituations where a State agency doesnot submit such certification, it may,through a written agreement with theMTB, carry out an inspection program todetermine compliance with the Federalstandards.

In the case of an agreement enteredinto under § 205(b), the substitution ofState enforcement for Federalenforcement is not total. Under an'-agreement, a State agency carries outcertain record maintenance, reporting,inspection, and approval functions withrespect to intrastate facilities, and isrequired to notify the MTB of anyviolation or probable violation of aFederal safety standard which itdiscovers. Upon receiving suchnotification, the responsibility forsubsequent enforcement action for thoseintrastate facilities rests with theSecretary.

On the other hand, the substitution ofState enforcement for Federalenforcement under § 205(a) certificationis nearly complete. In part, § 205(a)reads, "Except for section 215 andexcept as otherwise provided m tissection, the authority of the Secretary[MTB] * * *to prescribe safetystandards and enforce compliance withsuch standards shall not apply tointrastate pipeline facilities or thetransportation of hazardous liquidsassociated with such facilities, when thesafety standards and practicesapplicable to same are regulated by aState agency which submits to theSecretary [MTB] an annualcertification * * * "

Fifteen States currently have someform of State authority to conducthazardous liquid pipeline safetyregulatory programs. In many cases,adjustments in a State's program or thesupporting State law will be necessaryto qualify it for full § 205(a) certification.In addition to these 15 States, 27 otherStates have indicated that they do notnow have regulatory authority overhazardous liquid pipelines but either (1)expressed interest in participating m aFederal-State program, or (2) intend toseek State laws to assert safetyregulatory authority over hazardous

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liquid pipelines, or (3) are undecided.Ten States have indicated that they donot assert safety jurisdiction overhazardous liquid pipelines, do not planto seek any such authority and are notinterested in any related Federal-Stateprogram. Many States have very limitedintrastate pipeline mileage within theirboundaries and do not see a need toassume the safety regulatory task.MTB's analysis of the intrastate liquidpipeline activity in the various Statessuggests that the Federal-State safetyprogram for intrastate pipelines wouldinvolve the direct participation of 19 to32 States.

Nevertheless, the MTB believes thatall of the States should be allowed theopportunity to consider the offerpresented by the HLPSA and, if theyfind it m their interest, to assume thenoted regulatory responsibilities in anorderly fashion.

From its experience with a similarFederal-State cooperative program forintrastate natural gas pipelines, the MTBrecognizes that a period of at least twoyears is required for the States to amendor adopt the necessary authorizingstatutes. Therefore, it is the intention ofthe MTB to withhold Federal applicationof Part 195 to intrastate pipelines for atwo-year period. This will allow time forStates with existing liquid pipeline lawsand inspection programs to makenecessary adjustments without thethreat of Federal preemption. It will alsoallow those States which do not haveprograms the time to consider whetherthey should assume the responsibility orleave it to the Federal government.

MTB encourages each of the 50 States,the District of Columbia, and theCommonwealth of Puerto Rico duringthe next two years to undertake theresponsibility for inspedtion andenforcement of safety standards for theintrastate hazardous liquid pipelineswithin their boundaries. During thisperiod, the MTB is prepared to assistany interested State in working towardqualifying it for participation under§ 205.

Accident Reporting. While the HLPSAdoes not specifically address operators'obligations -to report accidents, it setsout certain accident reportingrequirements to be followed by Stateagencies certified under § 205(a).Section 205(a) requires in part that aState's annual certification include areport showing all accidents or incidentsreported during the preceding 12 monthsinvolving property damage exceeding$5,000, whether or not sustained by thepipeline operator subject to the State'sjurisdiction.

The $5,000 that triggers the Stateagency report under § 205 was

consistent with the State agencyreporting requirements under. § 5(a) ofthe Natural Gas Pipeline Safety Act of1968, as amended (49 U.S.C. 1674). Bythe Pipeline Safety Act of 1979 (Pub. L.96-129: November 30, 1979), the level ofproperty damage required to triggerState reporting under § 5(a) of theNGPSA was increased from $1,000 to$5,000.

Subpart B of Part 195 currentlyrequires operators to submit a writtenreport (DOT Form 7000-1) to theDepartment on a failure in a liquidpipeline system in which there is arelease of the liquid transportedresulting in property damage of at least$1,000 to other than the operator'sfacilities, based on actual cost orreliable estimates.

MTB is amending § 195.50 by changingthat threshold to $5,000 whether or notsustained by an operator so that theFederal reporting requirements will beconsistent with those prescribed under§ 205(a) of the HLPSA for State agencyreporting. This amendment to the§ 195.50 reportingrequirement has beenapproved by the 0MB in accord with thePaperwork Reduction Act of 1980.

Inspection and Mantenance Plans.Section 210 of the HLPSA requiresoperators of hazardous liquid pipelinefacilities to prepare, maintain, and carryout written plans for inspection andmaintenance of such facilities. The planmust be in accordance with regulationsprescribed by DOT or, where acertification or agreementpursuant to§ 205 of the HLPSA is ME effect, by theappropriate State agency.

The section also sets out a procedureto be used by DOT or the appropriateState agency in requiring an operator'splan to be revised to achieve safeoperation of the affected pipelinefacilities, when its plan is found to beinadequate.

Existing § 195.402, Procedural manualfor operations, maintenance, andemergencies, is considered by M tosatisfy the requirement for Federalregulations made by § 210 of the HLPSA.Section 195.402 also describes theprocedure that will be followed by MTBin requiring the facility operator torevise an inadequate proceduralmanual. For these reasons, MTB givesnotice by this reissuance that-

1. Operator compliance with existing§ 195.402 will constitute compliancewith the HLPSA requirements for thepreparation, maintenance, and carryingout of inspection and maintenance plansfor hazardous liquid facilities.

2. MTB will follow the proceduresestablished by § 195.402(b) for requiringrevisions to operator plans establishedunder § 195.402.

Organizational Designations. Insubpart B of Part 195, AccidentReporting, § § 195.54, 195.58, and 195.02,make reference to the "Director, Officeof Pipeline Safety" as a mailing addressfor sending operator accident reports toDOT. To comport with current DOTorganizational responsibilities, thatreference in each of those sections Isamended by this document to read,"Chief, Information Systems Division,Transportation Programs Bureau."

An analysis of the impacts of thisamendment, including costs andbenefits, is in the docket file. I havedetermined from this analysis that thisamendment is not a "major rule" as thatterm is defined in E. 0. 12291 becausethere should be negligible cosi increasesor other adverse effects from theamendment.

In consideration of the foregoing, Part,195 of Title 49, Code of FederalRegulations, is revised withamendments as set forth below.

(Sec. 203, Pub. L 90-129, 93 Stat. 1004,40U.S.C. 2002,49 CFR 1.53 and Appendix A toPart 1).

Issued in Washington, D.C., on July 20,1981.L. D. Santman,Director, Materials Transportation Bureau.

PART 195--TRANSPORTATION OF

HAZARDOUS LIQUIDS BY PIPELINE

Subpart A-General

Sec.195.0 Scope.195.1 Applicability.195.2 Definitions.195.3 Matter incorporated by reference.195.4 Compatibility necessary for

transportation of hazardous liquids.195.5 Conversion to service subject to this

part.195.6 [Reserved]195.8 Transportation of hazatdous liquids In

pipelines constructed with other thansteel pipe.

195.10 Responsibility of operator forcompliance with this Part.

Subpart B-Accident Reporting195.50 Scope.195.52 Telephonic notice of certain

accidents.195.54 Accident reporting.195.50 Instructions for preparing DOT Form

7000-1.195.58 Changes in or additions to accident

report.195.60 Operator assistance In investigation.195.62 Supplies of accident report DOT

Form 7000-1.

Subpart C-Design Requirements195.100 Scope.195.102 Design temperature.195.104 Variations in pressure.195.106 Internal design pressure.

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Sec.195.108 External pressure.195.110 External loads.195.112 New pipe.195.114 Used pipe.195.116 Valves.195.118 Fittings.195.120 Changes m direction: Provision for

internal passage.195.122 Fabricated branch connections.195.124 Closures.195.126 Flange connection.195.128 Station piping.195.130 Fabricated assemblies.195.132 Above ground breakout tanks.

Subpart D-Construction195.200 Scope.195.202 Compliance with specifications or

standards.195.204 Inspection-general.195.206 Material inspection.195.208 Welding of supports and braces.195.210 Pipeline location.195.212 Bending of pipe.195.214 Welding: General.195.216 Welding: Miter joints.195.220 Welds: Filler metal.195.222 Welders: Testing.195.224 Welding: Weather.195.226 Welding. Arc burns.195.228 Welds and welding inspection:

Standards of acceptability.195.230 Welds: Repair of defects.195.232 Welds: Removal of defects.195.234 Welds: Nondestructive testing and

xetention of testing records.195.236 External corrosion protection.195.238 External coating.195.242 Cathodic protection system.195.244 Test leads.195.246 Installation of pipe in a ditch.195.248 Cover over buried pipeline.195.250 Clearance between pipe and

underground structures.195.252 Backfilling.195.254 Above ground components.195.256 Crossing of-railroads and highways.195.258 Valves: General.195.260 Valves: Location.-195.262 Pumping equipment.195.264 Above ground breakout tanks.195.266 Construction records.

Subpart E-Hydrostatc Testing195.300 Scope.195.302 General requirements.195.304 Testing of components-195.306 Test medium.195.308 Testing of tie-ms.195.310 Records.

Subpart F-Operation and Maintenance195.400 Scope.195.401 General requirements.195.402 Procedural manual for operations,

maintenance, and emergencies.195.403 Training.195.404 Maps and records.195.406 Maximum operating pressure.195.408 Communications.195.410 Line markers.195.412 Inspection of rights-of-way and

crossings under navigable waters.195.414 Cathodic protection.195.416 External corrosion control.195.418 Internal corrosion control.195.420 Valve maintenance.

Sec.195.422 Pipeline repairs.195.424 Pipe movement.195.426 Scraper and sphere facilities.195.428 Overpressure safety devices.195.430 Firefighting equipment.195.432 Breakout tanks.195.434 Signs.195.436 Security of facilities.195A38 Smoking or open flames.195.440 Public education.

Authority:. Sec. 203. Pub. L 96-129. 93 Stdt.1004.49 U.S.C. 2002: 49 CFR 1.53 andAppendix A to Part 1.

Subpart A-General§ 195.0 Scope.

This part prescribes safety standardsand accident reporting requirements forpipeline facilities used in thetransportation of hazardous liquids.§ 195.1 Applicability.

(a) Except as provided m paragraph(b) of this section, this part applies tothe following pipeline facilities and thetransportation of hazardous liquidsassociated with those facilities-

(1) Those which are subject to thejurisdiction of the Federal EnergyRegulatory Commission under theauthority vested m the Commission bysection 402(b) of the Department ofEnergy Organization Act (91 StaL 584,42U.S.C. 7172(b)), and

(21 Those which are on the OuterContinental Shelf

(b) This part does not apply to-(1) Transportation of a hazardous

liquid that is transported rn a gaseousstate;

(2) Transportation of a hazardousliquid through a pipeline by gravity;

(3) Transportation of a hazardousliquid through pipelines that operate at astress level of 20 percent or less of thespecified minimum yield strength of theline pipe;

(4) Transportation of a hazardousliquid m onshore pipelines rn rural areasbetween a production facility and anoperator tunkline reception point;

(5) Transportation of a hazardousliquid in offshore pipelines which arelocated upstream from the outlet flangeof each facility on the Outer ContinentalShelf where hydrocarbons are producedor where produced hydrocarbons arefirst separated, dehydrated, or otherwiseprocessed whichever facility is fartherdownstream;

(6) Transportation of a hazardousliquid through onshore production,refining, or manufacturing facilities orstorage or in-plant piping systemsassociated with such facilities;

(7) Transportation of'a hazardousliquid by vessel, aircraft, tank truck,tank car, or other velucle or terminalfacilities used exclusively to transfer

hazardous liquids between such modesof transportation.

§195.2 Definitions.As usedin this part-"Barrel" means a unit of measurement

equal to 42 U.S. standard gallons."Breakout tank" means a tank used to

(a) relieve surges in a hazardous liquidpipeline system or (b] receive and storehazardous liquid transported by apipeline for reinjection and continuedtransportation by pipeline.

"Component" means any part of apipeline which may be subjected topump pressure including, but not limitedto, pipe, valves, elbows, tees, flanges,and closures.

"Hazardous liquid" means petroleum,petroleum products, and anhydrousammonia.

"FHighly volatile liquid" or '"VUW'means a hazardous liquid which willform a vapor cloud when released to theatmosphere and which has a vaporpressure exceeding 276 kPa (40 psia) at37.80 C (100- F).

"Line section" means a continuousrun of pipe between adjacent pressurepump stations, between a pressurepump station and terminal or breakouttanks, between a pressure pump stationand a block valve, or between adjacentblock valves.

"Nominal wall thickness" means thewall thickness listed in the pipespecifications.

"Offshore" means beyond the line ofordinary low water along that portion ofthe coast of the United States that is indirect contact with the open seas andbeyond the line marking the seawardlimit of inland waters.

"Operator" means a person who ownsor operates pipeline facilities.

"Person" means any individual, firm,joint venture, partnership, corporation,association, State, mumcipality,cooperative association, or joint stockassociation, and includes any trustee,receiver, assignee, or personalrepresentative thereof.

"Pipe" or "line pipe" means a tube,usually cylindrical, through which ahazardous liquid flows from one point toanother.

"Pipeline" or "pipeline system" meansall parts of a pipeline facility throughwhich a hazardous liquid moves intransportation, including, but not limitedto, line-pipe, valves and otherappurtenances connected to line pipe,pumping units, fabricated assembliesassociated withr pumping units, meteringand delivery stations and fabricatedassemblies therein, and breakout tanks.

"Pipeline facility" means new andexisting pipe, rights-of-way, and any

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Federal Register / Vol. 46; No. 143 / Monday, July 27, 1981 / Rules and Regulations

equipment, facility, or building used mthe transportation of hazardous liqmds.

"Secretary" means the Secretary ofTransportation or any person to whomhe has delegated authority in the matterconcerned.

"Specified mimmum yield strength"means the mmnmum yield strength,expressed in pounds per square inch,prescribed by the specification underwhich the material is purchased fromthe manufacturer.

"Stress level" means the level oftangential or hoop stress, usuallyexpressed as a percentage of specifiedmimmum yield strength.

"Surge pressure" means pressureproduced by a change in velocity of themoving stream that results from shuttingdown a pump station or pumping unit,closure of a valve, or any other blockageof the moving stream.

§ 195.3 Matter Incorporated by reference.(a) There are incorporated by

reference in this part all materialsreferred to in this part. Those materialsare hereby made a part of thisregulation. Applicable editions are listedin paragraph (c) of this section inparentheses following the title of thereferenced material. Earlier editionslisted in previous editions of this sectionmay be used for componentsmanufactured, designed, or installed inaccordance with those earlier editionsat the time they were listed. The usermust refer to the appropriate previousedition of 49 CFR for a listing of theearlier listed editions.

(b) All incorporated materials areavailable for inspection in the MaterialsTransportation Bureau, Washington,D.C., and at the Office of the FederalRegister, 1100 L Street, N.W.,Washington, D.C. These materials havebeen approved for incorporation byreference by the Director of the FederalRegister. In addition, materialsincorporated by reference are availableas follows:

(1) American Petroleum Institute(API), 2101 L Street, N.W., Washington,D.C. 20037, or 211 North Avery, Suite1700, Dallas, Texas 75201.

(2) The American Society ofMechanical Engineers (ASME), UnitedEngineering Center, 345 East 47th Street,New York, N.Y. 10017

(3) Manufacturers StandardizationSociety of the Valve and FittingsIndustry (MSS); 5203 Leesburg Pike,Suite 502, Falls Church, Va. 22041.

(4) American National StandardsInstitute (ANSI), 1430 Broadway, NewYork, N.Y. 10018.

(5) American Society for Testing andMaterials (ASTM), 1916 Race Street;Philadelphia, Pa. 19103.

(c) The full title for the publicationsincorporated by reference in tins partare as follows:

(1) American Petroleum Institute:(i) API Specification 6D "API

Specification for Pipeline Valves,"which may be obtained from the Dallasoffice (1977).

(ii) API Specification 1104 "Standardfor Welding Pipe Lines and RelatedFacilities" (1980). -

(iii) API Specification 5L "APISpecification for Line Pipe" (1980).

(iv) API Specification 5LS "APISpecification for Spiral-Weld Line Pipe"(1980).

(v) API Specification 5LX "APISpecification for High-Test Line Pipe"(198o).

(2) ASME Code is the AmericanSociety of Mechamcal Engineers Boilerand Pressure Vessel Code, Section VIII,"Pressure Vessels, Division 1" (1977).

(3) Manufacturers StandardizationSociety of the Valve and FittingIndustry:

MSS SP-75, Specification for High-Test Wrought Weldings Fittings (1976).

(4)Amencan National StandardsInstitute:

(i) ANSI B16.9 "Factory MadeWrought Steel Butt-Welding Fittings"(1978).

(ii) ANSI B31.4 "Liqid PetroleumTransportation Piping Systems" (1979).

(5) American Society for Testing andMaterials:

(i) ASTM Specification A53 "StandardSpecification for Welded and SeamlessSteel Pipe" (1979).If (ii) ASTM Specification A106Standard Specification for Seamless

Carbon Steel Pipe for High-TemperatureService" (1979b).

(iii] ASTM Specification A134"Standard Specification for Electric-Fusion (Arc)-Welded Steel Plate Pipe,Size 16 in. and Over" (1974).

(iv) ASTM Specification A135"Standard Specification for Electric-Resistance Welded Steel Pipe" (1979).

(v) ASTM Specification A139"Standard Specification for Electric-Fusion (Arc)-Welded Steel Pipe, Sizes 4inch and over"'(1974).

(vi) ASTM'Specification A671"Electric-Fusion-Welded Steel Pipe ForAtmospheric and Lower Temperatures"(1977).

(vii) ASTM Specification A672"Electric-Fusion-Welded Steel Pipe ForHigh Pressure Service At ModerateTemperatures" (1979).

(viii) ASTM Specification A691"Carbon and Alloy Steel Pipe Electric-Fusion-Welded For High PressureService At High Temperatures" (1979).

(ix) ASTM Specification A211"Standard Specification for Spiral-Welded Steel or Iron Pipe" (1975).

(x) ASTM Specification A333"Standard Specification for Seamlessand Welded Steel Pipe for Low-Temperature Service" (1979).

(xi) ASTM Specification A381"Standard Specification for Metal-Arc-Welded Steel Pipe for High PressureTransmission Systems", (1979).

§ 195.4 Compatibility necessary fortransportation of hazardous liquids.

No person may transport anyhazardous liquid unless the hazardousliquid is chemically compatible withboth the pipeline, including allcomponents, and any other commoditythat It may come into contact with whilein the pipeline.

§ 195.5 Conversion to service subject tothis part.

(a) A steel pipeline previously used inservice not subject to this part qualifiesfor use under this part If the operatorprepares and follows a writtenprocedure to accomplish the following:

(1) The design, construction,operation, and maintenance history ofthe pipeline must'be reviewedand, where sufficienthistorical records are notavailable, appropriate tests must beperformed to determine If the pipeline Isin a satisfactory condition for safeoperation.

(2) The pipeline right-of-way, allaboveground segments of the pipeline,and appropriately selected undergroundsegments must be visually inspected forphysical defects and operatingconditions which reasonably could beexpected to impair the strength ortightness of the pipeline.

(3) All known unsafe defects andconditions must be corrected inaccordance with this part.

(4) The pipeline must be tested Inaccordapce with the Subpart E of thispart to substantiate the.maximumallowable operating pressure permittedby § 195.408.

(b) A pipeline which qualifies for useunder this section need not comply withthe corrosion control requirements ofthis part until 12 months after it isplaced in service, notwithstanding anyearlier deadlines for compliance. Inaddition to the requirements of SubpartF of this part, the corrosion controlrequirements of Subpart D apply to eachpipeline which substantially meets thoserequirements before It is placed inservice or which is a segment that isreplaced, relocated, or substantiallyaltered.

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(c] Each operator must keep for thelife of the pipeline a record of theinvestigations, tests, repairs,replacements, and alterations madeunder the requirements of paragraph (a)of this section.

§ 195.6 [Reserved]

§ 195.8 Transportation of hazardousliquids in pipelines constructed with otherthan steel pipe.

No person may transport anyhazardous liquid through a pipe that isconstructed after October 1,1970, ofmaterial other than steel unless theperson has notified the Secretary inwriting at least 90 days before thetransportation is to begin. The notice

,must state the chemical name, commonname, properties, and characteristics ofthe hazardous liquid to be transportedand the material used in construction ofthe pipeline. If the Secretary determinesthat the transportation of the hazardousliquid in the manner proposed would beunduly hazardous, he will, within 90days after receipt of the notice order theperson that gave the notice, in writing,not to transport the hazardous liquid inthe proposed manner-until furthernotice.

§195.10 Responsibility of operator forcompliance with this Part.

An operator may make arrangementswith another person for the performanceof any action required by this part.However, the operator is not therebyrelieved from the responsibility forcompliance with any requirement of thispart.

Subpart B-Accident Reporting

§ 195.50 Scope.This subpart prescribes rules-

governing the reporting of any failure ina pipeline system subject to this part in-which there is a release of thehazardous liquid transported resulting inany of the following-

(a) Explosion or fire not intentionallyset-by the operator.

(b) Loss of 50 or more barrels ofliqmd.

(c) Escape to the atmosphere of morethan five barrels a day of lughly volatileliquids.

"(difDeath of any person.(e) Bodily harm to any person

resulting in one or more of the following:(1] Loss.of consciousness.-(2] Necessity to carry the person from

the scene.(3) Necessity for medical treatment.(4) Disability which prevents the

discharge of normal duties or the pursuitof normal activities beyond the day ofthe accident.

(f) Estimated property damage to theproperty of the operator or others, orboth, exceeding $5,000.

§ 195.52 Telephonic notice of certainaccidents.

(a) At the earliest practicable momentfollowing discovery of a release of thehazardous liquid transported resulting inan event described in § 195.50, theoperator of the system shall give ndtice,in accordance with paragraph (b) of thissection, of any failure that-

(1] Caused a death or a personalinjury requiring hospitalization;

(2) Resulted in either a fire orexplosion not mtentionaljy set by theoperator,

(3) Caused estimated damage to theproperty of the operator or others, orboth, exceeding $5,000;

(4) Resulted in pollution of anystream, river, lake, reservoir, or othersimilar body of water that violatedapplicable water quality standards,caused a discoloration of the surface of

-the water or adjoining shoreline, ordeposited a sludge or emulsion beneaththe surface of the water or uponadjoining shorelines; or

(5) In the judgment of the operatorwas significant even though it did notmeet the criteria of any other paragraphof this section.

(b) Reports made under paragraph (a)of this section are made by telephone toarea code 202,426-0700 and mustinclude the following information:

(1) Name and address of the operator.(2) Name and telephone number of the

reporter.(3) The location of the failure.(4) The time of the failure.(5) The fatalities and personal

injuries, if any.(6) All other significant facts known

by the operator that are relevant to thecause of the failure or extent of thedamages.

§ 195.54 Accident reporting.Each carrier that experiences an

accident that is required to be reportedunder this subpart shall, as soon aspracticable but not later than 15 daysafter discovery of the accident, prepareand'file an accident report, on DOTForm 7000-1 or a facsimile, with theChief, Information Systems Division,Transportation Programs Bureau,Department of Transportation,Washington, D.C. 20590. The operatorshall file two copies of each report andshall retain one copy at its principalplace of business.

§ 195.56 Instructions for prepaing DOTForm 7000-1.

(a) Each operator shall prepare eachreport of an accident on DOT Form

7000-1 or a facsimile, in accordancewith the following instructions:

(1) General. Each applicable itemmust be marked or filled in as fully andas accurately as information accessibleto the operator at the time of filing thereport will permit.

(2) Port A. Enter name as it is filedwith the Federal Energy RegulatoryCommission. If the operators nameisnot filed with the Commission, enter thecomplete corporate name of theoperator. Enter the address of theoperator's principal place of businessincluding zip code.

(3) Part B, Item 1. Enter'the date theaccident occurred or was discovered. Ifthe accident was not discovered on thedate it occurred, state this fact on theback of the form.

(4) PartB, Item 2. Enter the exact timein hours and minutes (i.e., 10:15) ifknown or a time range (i.e., 1011) ifexact time is not known. If the accidentwas not discovered on the date itoccurred, enter the time it wasdiscovered and state this fact on theback of the form as in Part B, Item 1.

(5) Part B, Item 3. Enter all threenames, State, county, city, or town, in ornear which accident occurred.

(6) Part B, Item 4. Mark theappropriate box. If "other" is marked,state clearly on form what part of thepipeline system.

(7) Part B, Item 5. If the accidentoccurred in an uninhabited area, such aswoods, cultivated field, swamp, etc., sostate clearly on the form under Item 5. Ifnot, attach a sketch to the form showingthe part of the pipeline system where theaccident occurred, and the location ofthe accident as related to significantlandmarks. Each item shown on thesketch must be clearly and distinctlymarked to identify iL Approximatedistances from accident location to alllandmarks shown on the sketch must beindicated.

(8) Part C. Mark the appropriate boxor boxes. If applicable, mark more thanone box. If "other" is marked, stateclearly on form the exact origin of therelease of the hazardous liquid.

(9) Part D. Mark the appropriate box.If "other" is marked, clearly state thecause of the accident.

(10] Part E. Indicate a number undereach heading including "0" if none.Report deaths, even if previouslyreported in accordance with § 195.52.

(11) Part F, Items 1 aid2. Report onlymaterial in the pipeline system that wasactually damaged such as pipe, valves,orilttings. Do not include cost ofhazardous liquid which was lostdue tothe accident or fittings used duringrepair wbich became permanintly

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38364 Federal Register / Vol. 46, No. 143 / Monday, July 27, 1981 / Rules and Regulations

attached to the system. The dollar valueof damage should be based onreplacement at present day costs.

(12) Part F, Items 3 and 4. This isdamage to-property of operator orothers. Dollar value must be actual orthe best estimate available.

(13) Part G, Item 1. State thecommonly used name of the hazardousliquid, such as fuel oil, regular gasoline,liquefied petroleum gas. If the hazardousliquid name is one not commonly used,state the name here and give a briefdescription of it under "Account ofAccident by Responsible Official ofCarrier."

(14) Part G, Item 3. State the yearfacility was installed or the bestestimate possible. Pipe is excluded asthe year of installation is required inItem 4 of Part H.

(15) Part H. Mark appropriate boxesand state information required in allitems of this part only if the accidentoccurred in line pipe. If the accidentocdurred in any other part of thepipeline system, omit this part.

(16) Part I. Mark appropriate boxesand state information required an allitems of this part if the accident wascaused by corrosion m any componentof the pipeline system. In Item 4, statethe length of time between the type oftests, such as pipe-to-soil potential,stated in Item 5.

(17) Partj. Complete all three itemsonly if the accident was chused byequipment ruptunng the pipeline. In Item2, all the information stated on theclosest line marker must be shown.

(b) In addition to tharequirements ofparagraph (a) of this section, n thespace provided after Part J, the operatorshall enter an account of the accidentcontaining the most reliable informationto which the operator has access atthe time of reporting, sufficientlydetailed and complete to convey anunderstanding of the accident. Thisaccount may be continued on an extrasheet of paper if more space is needed.

(c) At the bottom of the back of DOTForm 7000-1, the operator shall state thename and title of the pipeline officialresponsible for compiling and filing thereport along with the telephone numberat which this official can be reached,and the date the report was completed.

§ 195.58 Changes in or additions toaccident reporL

Whenever an operator receives anychanges in the information reported oradditions to the original report on DOTForm 7000-1 it shall immediately file asupplemental report with the Chief,Information Systems Division,Transportation Programs Bureau,

Department of Transportation,Washington, D.C. 20590.

§ 195.60 Operator assistance ininvestigation. -

If the Department of Transportation.investigates an accident, the operatorinvolved shall make availableto therepresentative of the Department allrecords and information that in any waypertain to the accident, and shall affordall reasonable assistance in theinvestigation of the accident.

§ 195.62 Supplies of accident report DOTForm 7000-1.

Each operator shall maintain anadequate supply of forms that are afacsimile of DOT Form 7000-1 to enableit to promptly report accidents. TheDepartment will, upon request, furnishspecimen copies of the form. Requests'should be addressed to the Chief,Information Systems Division,Transportation Programs Bureau,Department of Transportation,Washington, D.C. 20590.

Subpart C-DesIgn Requirements

§ 195.100 Scope.This subpart prescribes minimum

design requirements for new pipelinesystems constructed with steel pipe andfor relocating, replacing, or otherwisechanging existing systems constructedwith steel pipe. However, it does notapply to the movement of line pipecovered by § 195.424.

§ 195.102 Design temperature.Material for components of the system

must be chosen for the temperatureenvironment in which the componentswill be used so that the pipeline willmaintain its structural integrity.

§ 195.104 Vailations In pressure.If, within a pipeline system, two or

more components are to be connected ata place where one will-operate at ahigher pressure than another, the systemmust be designed so that any componentoperating at the lower pressure will notbe overstressed.

§ 195.106 Internal design pressure.(a) Internal design pressure for the

pipe m a pipeline is determined inaccordance with the following formula:P=(2 St/D)XEXF

P=Intemal design pressure m pounds persquare inch gauge.

S=Yield strength in pounds per squareinch determined in accordance withparagraph (b) of this section.

t=Nominal wall thickness of the pipe ininches. If this is unknown, it isdetermined in accordance withparagraph (c) of this section.

D=Nominal outside diameter of the pipe fitinches.

E=Seam joint factor determined Inaccordance with paragraph (e) of thissection.

F=A design factor of 0,72, except that adesign factor ol 0.60 Is used for pipe,including risers, on a platform locatedoffshore or on a platform In Inlandnavigable waters, and 0.64 Is used forpipe that has been cold worked to mootthe specified minimum yield strength andIs subsequently heated, other than bywelding to 600* F. or more.

(b) The yield strength to be used indetermining internal design pressureunder paragraph (a) of this section Is thespecified minimum yield strength. If thespecified minimum yield strength is notknown, the yield strength is determinedby performing all of thetensile tests of either APIStandard 5L, 5LS, or 5LX on randomlyselected test specimens with thefollowing number of tests:

P4o size Amwbor of losts

Less than 6 Inches In outsde One test for each 200diameter, longths.

6 inches through 121 Inches One test for each 100In outside diameter, lengths.

Larger than 12% Inches In One test for each 60 |on0otoutside diameter.

If the average yield-tensile ratioexceeds 0.85, the yield strength of thepipe is taken as 24,000 p.s1 If theaverage yield-tensile ratio is 0.95 or loss,the yield strength of the pipe is taken asthe lower of the following:

(1) Eighty percent of the average yieldstrength determined by the tensile tests,

(2) The lowest yield strengthdetermined by the tensile tests,

(c) If the nominal wall thickness to beused in determining internal designpressure under paragraph (a) of thissection is not known, it is determined bymeasuring the thickness of each piece ofpipe at quarter points on one end.However, if the pipe is of uniform grade,size, and thickness, only 10 individuallengths or 5 percent of all lengths,whichever Is greater, need be measured.The thickness of the lengths that are notmeasured must be verified by applying agage set to the minimum thickness foundby the measurement. The nominal wallthickness to be used is the next wallthickness found in commericalspecifications that is below the averageof all the measurements taken.However, the nominal wall thicknessmay not be more than 1.14 times the'smallest measurement taken on pipethat is less than 20 inches in outsidediameter, nor more than 1.11 times thesmallest measurement taken on pipe


that is 20 inches or more in outsidediameter.

(d) The mmnmum wall thickness of thepipe may not be less than 87.5 percent ofthe value used for nominal wallthickness in determining the internaldesign pressure under paragraph (a] ofthis section. In addition, the anticipatedexternal loads and external pressuresthat are concurrent-with internalpressure must be considered inaccordance with §§ 195.108 and 195.110and, after determning the internaldesign pressure, the nominal wallthickness must be increased asnecessary to compensate for theseconcurrent loads and pressures.

(e) The seam joint factor used inparagraph (a) of this section isdetermined in accordance with thefollowing table:

SeamSpecica ion Pe class oitOt

ASTM A53 Seamless 1.00El&ctnc remstance welded - 1.00Furnace lap welded - 0.80Furnace butt welded - 0.60

ASTM A106 Seamless ' 1.00ASTM A134 - Electnc fusion arcweded. 0.60ASTM A135 -. Elecrc res .ance ,elded.... 1.00ASTM A19...- Electnc fusion welded - 0.80ASTM A.11 - Spiral welded pipe - 0.80ASTM A333 - Seamless 1.00

Welded - _ 1.00ASTM A381 - Double submerged arc welded.- 1.00ASTM A671 - Electnc-fus.on.weded. 1.00ASTM A672 Efectric-f1o.0welded0 1.OASTM A691 __ Electric-fusson-welded 1.00APL 5L-.. . Seamless 1.00

Electnc resistance welded 1.00Fectnc fla-s weided - 1.00Submerged arc welded - 1.00Furnace lap welded 0.80Furnace butt welded - 0.60

API 5LX . Seamless 1.00Electnc resistance Welded - 1.00Electric flash welded 1.00Submerged arc welded_ 1.00

API 5LS . Electricres:stance welded- 1.00Submerged arc welded -.... 1.00

The seam joint factor for pipe which isnot covered by this paragraph must beapproved by the Secretary

§ 195.108 External pressure.Any external pressure that will be

exerted on the pipe must be provided forin designing a pipeline system.

§ 195.110 External loads.

(a] Anticipated external loads (e.g.),earthquakes, vibration, thermalexpansion, and contraction must beprovided for in designing a pipelinesystem. In providing for expansion andflexibility, section 419 of ANSI B31.4must be followed.

(b) The pipe and other components'must be supported in such a way thatthe support does not cause excesslocalized stresses. In designingattachments to pipe, the added stress to

the wall of the pipe must be computedand compensated for.

§195.112 New plpe.Any new pipe installed in a pipeline

system must comply with the following:(a] The pipe must be made of steel of

the carbon, low alloy-high strength, oralloy type that is able to withstand theinternal pressures and external loadsand pressures anticipated for thepipeline system.

(b) The pipe must be made inaccordance with a written pipespecification that sets forth the chemicalrequirements for the pipe steel andmechamcal tests for the pipe to providepipe suitable for the use intended.

(c) Each length of pipe with an outsidediameter of 4 inches or more must bemarked on thp pipe or pipe coating withthe specification to which it was made,the specified minimum yield strength orgrade, and the pipe size. The markingmust be applied in a manner that doesnot damage the pipe or pipe coating andmust remain visible until the pipe isinstalled.

§ 195.114 Used pipe.Any used pipe installed in a pipeline

system must comply with § 195.112 (a)and (b] and the following:

(a) The pipe must be of a knownspecification and the seam joint factormust be determined in accordance with§ 195.106(e). If the specified minimumyield strength or the wall thickness isnot known, it is determined inaccordance with § 195.106 (b) or (c) asappropriate.

(b) There may not be any-(1] Buckles;(2] Cracks, grooves, gouges, dents, or

other surface defects that exceed themaximum depth of such a defect.permitted by the specification to whichthe pipe was manufactured; or

(3] Corroded areas where theremaining wall thickness is less than theminimum thickness required by thetolerances in the specification to whichthe pipe was manufactured.However, pipe that does not meet therequirements of paragraph (a)(3) of thissection may be used if the operatingpressure is reduced to be commensuratewith the remaining wall thickness.

§ 195.116 Valves.Each valve installed in a pipeline

system must comply with the following:(a) The valve must be of a sound

engineering design.(b) Materials subject to the internal

pressure of the pipeline system,including welded and flanged ends,must be compatible with the pipe orfittings to.which the valve is attached.

(c) Each part of the valve that will bein contact with the hazardous liquidstream must be made of materials thatare compatible with each hazardousliquid that it is anticipated will flowthrough the pipeline system.

(d) Each valve must be bothhydrostatically shell tested andhydrostatically seat tested withoutleakage to at least the requiremefits set-forth in section 5 of API Standard 6D.

(e) Each valve other than a checkvalve must be equipped with a meansfor clearly indicating the position of thevalve (open. closed, etc.).

(f) Each valve must be marked on thebody or the nameplate, with at least thefollowing:

(1) Manufacturer's name ortrademark.

(2) Class designation or the maximumworking pressure to which the valvemay be subjected.

(3) Body material designation (the.endconnection material, if more than onetype is used].

(4) Nominal valve size.

§ 195.118 Fittings.(a) Butt-welding type fittings must

meet the marking end preparation and.the bursting strength requirements ofANSI B16.9 or MSS Standard PracticeSP-75.

(b) There may not be any buckles,dents, cracks, gouges, or other defects inthe fitting that might reduce the strengthof the fitting.

(c) The fitting must be suitable for theintended sbrvice and be at least asstrong as the pipe and other fittings inthe pipeline system to which it isattached.§ 195.120 Changes In dlrection: Provisionfor Internal passage.

Each component of a main linesystem, other than manifolds, thatchange direction within the pipelinesystem must have a radius of turn thatreadily allows the passage of pipelinescrapers, spheres, and internalinspection equipment.

§ 195.122 Fabricated branch connections.Each pipeline system must be

designed so that the addition of anyfabricated branch connections will notreduce the strength of the pipelinesystem.

§ 195.124 Closures.Each closure to be installed in a

pipeline system must comply with theASME Boiler and Pressure Vessel Code,Section VIII, Pressure Vessels, Division1. and must have pressure andtemperature ratings at least equal to

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38 366 Federal Register / Vol. 46, No. 143 / Monday, July 27, 1981 / Rules and Regulations

those of the pipe to which the closure isattached.

§ 195.126 Flange connection.Each component of a flange

connection must be compatible witheach other componentand theconnection as a unit must be suitable forthe service in which it is to be used.

§ 195.128 Station:piping.Any pipe to be installed in a station

that is subject to system pressure mustmeet the applicable requirements of thissubpart.

§ 195.130 Fabricated assemblies.Each fabricated assembly to be

installed m a pipeline system must meetthe.applicable requirements of thissubpart.

§ 195.132 Above ground breakout tanks.Each above ground breakout tank

must be designed to withstand theinternal pressure produced by thehazardous liquid to be stored thereinand any anticipated external loads.

Subpart D--Construction


requirements for constructing newpipeline systems with steel pipe, and forrelocating, replacing, or otherwisechanging existing pipeline systems thatare constructed with steel pipe.However, this subpart does not apply tothe movement ofpipe-covered by§ 195.424.

§ 195.202 Compliance with specificationsor standards.

Each pipeline systemmustbeconstructed in accordance withcomprehensive written specifications urstandards that are consistent withtherequirements of this part

§ 195.204 Inspection--general.Inspection must be provided to ensure

the installation of pipe or pipelinesystems m accordance with therequrements of this subpart No personmay be used to perform inspectionsunless that person has been trained andis qualified in the phase of constructionhe Is to inspect.

§ 195.206 Material Inspection.No pipe or other component may be

installed in a pipeline system unless ithas been visually inspectedat the site ofinstallation to ensure that it is motdamaged in a manner that could impairits strength or reduce its serviceability.

§ 195208 Welding of supports and braces.Supports or braces may not be welded

directly to pipe that will be operated ata pressure of more than 100 p.s.i.g.

§ 195210 Pipeline location.(a) Pipeline right-of-way must be

selected to avoid, as far as practicable,areas containing private dwellings,industrial buildings, and places of publicassembly.

(b) No pipeline may be located within,50 feet ofanyprvate dwelling, or anyindustrial building or place of publicassembly in which persons work,congregate, or -assemble, unless it isprovided with at least 12 inches of coverin addition to that prescribed in§ 195.248.

§ 195.212 Bending of pipe.(a) Pipe must not have a wrinde bend.(b) Each field bend must comply with

the following:(1) A bendmustnot inpairthe

serviceability of the pipe.(2) Each bend must have a smooth

contour and be free from buckling,cracks, or any other mechanicaldamage.

(3) On pipe containing a longitudinalweld, the longitudinal weld must be asnear as practicable to the neutral axis ofthe bend unless-

(i) The bend is made with an internalbending mandrel; or

(iI) The pipe is 12 inches or less inoutside diameter orhas a diameter towall tlnckness ratio less than 70.

(c) Each circumferential weld which islocated where the stress during bendingcauses a permanent deformationin thepipe must be nondestructively testedeither before or.after the bendingprocess.

§ 195.214 Welding: General.(a) Welding must be performed in

compliance with this section and§ § 195.218 through 195.234.

(b) Welding must be performed inaccordance with established writtenwelding procedures that have beentested to assure that they will producesound, ductile welds that comply withrequirements of this subpart. Detailedrecords of these tests must be kept bythe operator involved.

§ 195.216 Welding: Miter joints.A miter joint is notpermitted (not

including deflections up to 3 degreesthat are caused by misalignment).

§ 195.220 Welds: Filler metal.Filler metalmust be at least equal in

strength to the lighest specifiedminimum:yield strength of the piecesbeing welded and must fuse the piecestogether.

§ 195.222 Welders: Testing.

Each welder must be qualified Inaccordance with section:3 of APIStandard:1104, except that a welderqualified underan earlier edition of API1104 previously listed in § 195.3 mayweld but may not requalify under thatearlier ,edition.

§ 195.224 Welding: Weather.Welding must be protected from

weather conditions that would impairthe quality of the completed weld.

§ 195.226 Welding: Arc burns.(a) Each arc burn must be repaired.(b) An arc burn may be repaired by

completely removing the notch bygrinding, if the grinding does not reducethe remaining wall thickness to less thanthe minimum thickness required by thetolerances in the specification to whichthe pipe is manufactured.If a notch is not repairable bygrinding, a cylinder of the pipecontaining the entire notch must beremoved.

(c) A ground may not be welded to thepipe or fitting that is being welded.

§,195.228 Welds and welding Inspection:Standards of acceptability.

-(a) Each weld and welding must beinspected to insure compliance with therequirements of this subpart. Visualinspection must be supplemented bynondestructive testing.

(b) The acceptability of a weld isdeterminmed according to the standardsin section 6 of API Standard 1104.

§ 195.230 Welds: Repair of defects.(a) Except as provided in paragraph

(b) of this section, a weld that is foundunacceptable under § 195.228 may notbe repaired unless-

(1] There are no cracks in the weld;(2) The segment of the weld to be

repaired was not previously repaired;and

(3) The weld is inspected after repairto assure its acceptability.

(b) In the case of offshore pipelines, aweld on a pipeline being installed from apipelay vessel may be repaired if therepair is made in accordance withestablished written welding proceduresthat have been tested under § 195.214 toassure that they will produce soundductile welds.

§ 195.232 Welds: Removal of defects.Except for offshore pipelines being

installed from a pipelay vessel, acylinder of the pipe containing the weldmust be removed and the endsrebeveled whenever-

(a) The weld contains one or morecracks;

Federal Register / Vol. 46, No. 143 / Monday, July 27, 1981 /'Rules and Regulations

(b) The weld is not acceptable under§ 195.228 and is not repaired; or

(c) The weld was repaired and therepair did not meet the requirements of§'195.228.

§ 195.234 Welds: Nondestructive testingand retention of testing records.

(a] A weld may be nondestructivelytested by any process that will clearlyindicate any defects that may affect theintegrity of the weld.

(b) Any nondestructive testing ofwelds must be performed-

(1) In accordance with a written set ofprocedures for nondestructive testing;and

(2) With personnel that have beentrained in the established proceduresand in the use of the equipmentemployed in the testing.

(c) Procedures for the properinterpretation of each weld inspectionmust be established to ensure theacceptability of the weld under§ 195.228.

(d) During construction, at least 10percent of the girth welds made by eachwelder during each welding day must benondestructively tested over the entirecircumference of the weld.

(e) In the following locations, 100percent of the girth welds must benondestructively tested:

(1) At any onshore location where aloss of hazardous liquid couldreasonably be expected to pollute anystream, river, lake, reservoir, or otherbody of water, and any offshore areaunless impracticable, in which case only90 percent of each day's welds need betested.

(2) Within railroad or public roadrights-of-way.

(3] At overhead road crossings andwithin tunnels.

(4) At pipeline tie-ms.(5) Within the limits of any

incorporated subdivision of a Stategovernment.

(6) Within populated areas, includingbut not limited to, residentialsubdivisions, shopping centers, schools,designated commercial areas, industrialfacilities, public institutions, and placesof public assembly.

(f) When installing used pipe, 100percent of the old girth welds must benondestructively tested.

(g) A record of the nondestructivetesting must be retained by the operatorwho is involved, including (ifradiography is used) the developed filmwith, so far as practicable, the locatidnof the weld. This record must beretained for 3 years after the line isplaced in operation.

§ 195.236 External corrosion protection.Each component in the pipeline

system must be provided withprotection against external corrosion.

§ 195.238 External coating.(a) No pipeline system component

may be buried or submerged unless thatcomponent has an external protectivecoating that-

(1] Is designed to mitigate corrosion ofthe buried or submerged component;

(2) Has sufficient adhesion to themetal surface to prevent underfilinmigration of moisture;

(3) Is sufficiently ductile to resistcracking;

(4) Has enough strength to resistdamage due to handling and soil stress;and

(5) Supports any supplementalcathodic protection.

In addition, if an insulating-type coatingis used it must have low moistureabsorption and provide high electricalresistance.

(b) All pipe coating must be inspectedjust prior to lowering the pipe into theditch or submerging the pipe, and anydamage discovered must be repaired.

§ 195.242 Cathodic protection system.(a) A cathodic protection system must

be installed for all buried or submergedfacilities to mitigate corrosionthat might result in structural failure. Atest procedure must be developed todetermine whether adequate cathodicprotection has been achieved.

(b) A cathodic protection system mustbe installed not later than 1 year aftercompleting the construction.

§ 195.244 Test leads.(a) Except for offshore pipelines,

electical test leads used for corrosioncontrol or electrolysis testing must beinstalled at intervals frequent enough toobtain electrical measurementsindicating the adequacy of the cathodic-protection.

(b) Test leads must be installed asfollows:

(1) Enough looping or slack must beprovided to prevent test leads frombeing unduly stressed or broken duringbackfilling.

(2] Each lead must be attached to thepipe so as to prevent stressconcentration on the pipe.

(3) Each lead installed in a conduitmust be suitably insulated from theconduit.

§ 195.246 Installation of pipe In a ditch.(a) All pipe installed in a ditch must

be installed in a manner that minimuzesthe introduction of secondary stresses

and the possibility of damage to thepipe.

(b) All offshore pipe in water at least12 feet deep but not more than 200 feetdeep, as measured from the mean lowtide, must be installed so that the top ofthe pipe is below the natural bottomunless the pipeline is supported bystanchions. held in place by anchors orheavy concrete coating, or an equivalentlevel of protection is provided.

§ 195.248 Cover over buried pipeline.(a) Unless specifically exempted in

this subpart, all pipe must be buried sothat is it below the level of cultivation.Except as provided in paragraph (b] ofthis section, the pipe must be installedso that the cover between the top of thepipe and the ground level, road bed,river bottom, or sea bottom, asapplicable, complies with the followingtable:

co-er ndkes)For For

irromil rockexca- exca-vascri va!5en'

kidusr cmr&crai. and ren ias36 30

Cro=ngst of intard bodes et water wftha w4h of at k-ast 100 ft from hf~hwater mwak to ligh water mark - 48 18

ora v d'.tms at prjwc roads andfaods______ 26 36

Dccpaar port safety- -zo 48 24Othr cffti ro areas urder water less

&san 12 ft-doe as nocaLsued from ,e.canl ew d _ 36 18

Arr etr ae.. 20 18

IRock ox=5on Es arny eva?5on tiat req~es bfastgof refoval by equi~atentms

(b) Less cover than the umrequired by paragraph (a) of this sectionand § 195,210 may be used f-

(1) It is impracticable to comply withthe miumum cover requirements; and

(2) Additional protection is providedthat is equivalent to the minimumrequired cover.

§ 195.250 Clearance between pipe andunderground structures.

Any pipe installed underground musthave at least 12 inches of clearancebetween the outside of the pipe and theexfremity of any other undergroundstructure, except that for drainage tilethe mmnum clearance may be less than12 inches but not less than 2 inches.However, where 12 inches of clearanceis impracticable, the clearance may bereduced if adequate provisions are madefor corrosion control.

§ 195.252 Backfillng.Backfilling must be performed in a

manner that protects any pipe coatingand provides firm support for the pipe.

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§ 195.254 Above.ground components.

(a) Any component may be installedabove ground in the following situations,if the other applicable requirements ofthis part are complied with: '

(1) Overhead-crossings of highways,railroads, or a body of water.

(2) Spans over ditches andgullies.(3) Scraper traps or block valves..(4) Areas under the direct control of

the operator.(5) In any area inaccessible to the

public.(b) Each component covered by this

section must be protected from theforces exerted by the anticipated loads.

§ 195.256 Crossing of railroads andhighways.

The pipe at each railroad or highwaycrossing must be installed so as toadequately withstand the dynamicforces exerted by anticipated trafficloads.

§ 195.256 Valves: General.(a) Each valve must be installed in a

location that is accessible to authorizedemployees and that is protected fromdamage or tampering.

(b) Each submerged valve locatedoffshore or in inland navigable watersmust be marked, or located byconventional.survey techniques, tofacilitate quick location when operationof the valve is required.

§ 195.260 Valves: Location.A valve must be installed at each of

the following locations:(a) On the suction end and the

discharge end of a pump station m amanner that perints isolation of thepump station equipment m the event ofan emergency.

(b) On each line entering or leaving abreakout storage tank area m a mannerthat permits isolation of the tank areafrom other facilities.

(c) On each mainline at locationsalong the pipeline system that willminimize damage or pollution fromaccidental hazardous liquid discharge,as appropriate for the terrain in opencountry, for offshore areas, or forpopulated areas.

(d) On each lateral takeoff from atrunk line in a manner that permitsshutting off the lateral withoutinterrupting the flow in the trunk line.

(e) On each side of a water crossingthat is more than 100 feet wide fromhigh-water mark to high-water markunless the Secretary finds in a particularcase that valves are not justified.

(0 On each side of a reservoir-holdingwater for human consumption.

§ 195.262 Pumping equipment.(a] Adequate ventilation must be

provided in pump station buildings toprevent the accumulation of hazardousvapors. Warning devices must beinstalled to warn of the presence ofhazardous vapors in the pumping stationbuilding.

(b) The following must be provided ineach pump station:

(1) Safety devices that preventoverpressuring of pumping equipment,including the auxiliary pumpingequipment within the pumping station.

(2) A device for the emergencyshutdown of each pumping station.

(3) If power is necessary to actuatethe safety devices, an auxiliary powersupply.

(c) Each safety device must be testedunder conditions approximating actualoperations and found to functionproperly before the pumping station maybe used.

(d) Except for offshore p~pelinespumping equipment may not beinstalled-

(1) On any property that will not beunder the control of the operator, or

(2) Less than 50 feet from theboundary of the station.

(e) Adequate fire protection must beinstalled at each pump station. If the fireprotection system installed requires theuse of pumps, motive power must beprovided for those pumps that isseparate from the power that operatesthe station.

§ 195.264 Above ground breakout tanks.

For above ground breakout tanks-(a) Ameans must be provided for

containing hazardous liquids in theevent of spillage or tank failure.

[b) Tank areas must be adequatelyprotected against unauthorized entry.

(c) Normal and emergency reliefventing must be provided for each tank.

§ 195.266 Construction records.

A complete record that shows thefollowing must be maintained by theoperator involved for the life of eachpipeline facility:

(a) The total number of girth weldsand the number nondestructively tested,including the number rejected and thedisposition of each rejected weld.

(b) The amount, location; and cover ofeach size of pipe installed.

(c) The location of each crossing ofanother pipeline.

(d) The location of each buried utilitycrossing.

(e) The location of each overheadcrossing.

(f) The location of each valve,weighted pipe, corrosion test station, orother item connected to the pipe.

Subpart E-Hydrostatic Testing


requirements for hydrostatic testing ofnewly constructed steel pipelinesystems; existing steel pipeline systemsthat are relocated, replaced, orotherwise changed; and onshore steelpipeline systems constructed beforeJanuary 8, 1971, that transport highlyvolatile liquids. However, this subpartdoes not apply to movement of pipecovered by § 195,424.

§195.302 General requirements.(a) Each new pipeline system, each

'pipeline system in which pipe has beenrelocated or replaced, or that part of upipeline system that has been relocatedor replaced, must be hydrostaticallytested in accordance with this subpartwithout leakage.

(b) No person may transport a highlyvolatile liquid in an onshore steelpipeline constructed before January 3,1971, unless the pipeline has beenhydrostatically tested in accordancewith this subpart or, except for pipelinessubject to § 195.5, its maximumoperating pressure is established under§ 195.406(a)(5). Pipelines that were inhighly volatile liquid service beforeSeptember 8,1980 must meet thisrequirement according to the followingschedule:

(1) Planning and scheduling ofhydrostatic testing or actual reduction Inmaximum operating pressure to meet§ 195.406(a)(5) must be completed beforeSept 15,1981; and

(2) Hydrostatic testing must becompleted before Sept. 15, 1985, with atleast 50 percent of the testing completedbefore Sept. 15, 1983.

(c) The test pressure for eachhydrostatic test conducted under thissection must be maintained throughoutthe part of the system being tested for atleast 4 continuous hours at a pressureequal to 125 percent, or more, of themaximum operating pressure and, in thecase of a pipeline that is not visuallyinspected'for leakage during test, for atleast an additional 4 continuous hours ata pressure equal to 110 percent, or more,of the maximum operating pressure.

§ 195.304 Testing of componehts.

(a) Each hydrostatic test under§ 195.302 must test all pipe and attachedfittings, including components, unlessotherwise permitted by paragraph (b) ofthis section.

(b) A component that is the only itembeing replaced or added to the pipelinesystem need not be hydrostaticallytested under paragraph (a) of this

l --. - ..........38368


section if the manufacturer certifies thateither-

(1) The component washydrostatically tested at the factory; or

(2) The component was manufacturedunder a quality control system thatensures each component is at leastequalin strength to a prototype that washydrostatically tested at the factory.

§ 195.306 Testmedium.(a) Except as provided in paragraph

(b] of this section, waterrnistbe usedas the test medium.

(b) Except for offshore pipelines,liquid petroleum that does not vaporizerapidly may be used as the test mediumif-

(1) The entire pipeline section undertest is outside of cities and otherpopulated areas;

(2) Each building within zoo feet of thetest section is unoccupiedwhile the testpressure is equal to or greater than apressure which produces a hoop stressof 50 percent of specified minimum yieldstrength;

-(3) The test section is kept undersurveillance byxegular patrols duringtfe test; and

(4) Continuous communication ismaintained along entire test section.

§195.308 Testing of tie-ins.Pipe associated with tie-ins must be

hydrostatically tested, either with thesection to be tiedin or separately.

§ 195.310 Records.(a) Arecord must be made of each

hydrostatic test and that record must beretained as long as the facility tested isin use.

[bN The -record required by paragraph(a) of this section must include therecording gauge charts, dead weight'tester data, and the reasons for anyfailure during a test. Where elevationdifferences in the section under testexceed 100 feet, a profile of the pipelinethat shows the elevation and test sitesover the entire length of the test sectionmust be included. Each recording gaugechart must also contain-

(1The operator's name, the name ofthe person responsible for making thetest, and the name of the test companyused, if any,

(2) The date and time of the test(3) The minimum test pressure;(4).The test medium;(5) A description of the facility tested;

and16),An explanation of any pressure

discontinuities that appear on anychart.

Subpart F-Operation andMaintenance


requirements for operating andmaintaining pipeline systemsconstructed with steel pipe.

§ 195.401 General requirements.(a] No operator may operate or

maintain its pipeline systems at a levelof safetylower than that required bythis subpart and the procedures It Isrequired to establish under § 195.402(a)of this subpart.

(b) Whenever an operator discoversany condition that could adverselyaffect the safe operation of its pipeline.system, it shall correct it within areasonable time. However, if thecondition is of such a nature that itpresents an immediate hazard topersons orproperty, the operatormaynot operate the affectedpart of thesystem until ithas corrected the unsafecondition.

(c) Except as provided in § 195.5, nooperatormay operate anypart of apipeline system upon whichconstruction was begun after March 31,1970, or in the case of offshore pipelineslocated behveen a production facilityand an operator's trunkline receptionpoint, after July 31,1977, unless it wasdesigned and constructed as required bythis part.

§ 195.402 Procedural manual foroperations, maintenance, and emergencies.

(a) Genera. Each operator shallprepare and follow for each pipelinesystem a manual of-writtenproceduresfor conducting normal operations andmaintenance activities and handlingabnormal operations and emergencies.This manual shall be reviewed annuallyand appropriate changes made asnecessary to insure that the manual iseffective. Tins manual shall be preparedbefore initial operations of a pipelinesystem commence and appropriate partsshall be kept at locations whereoperations and maintenance activitiesare conducted.

(b) Amendments. If the Secretaryfinds that an operator's procedures areinadequate to assure safe operation ofthe system or to minmize hazards in anemergency, the Secretary may, afterissuing a notice of amendment andproviding an opportunity for an informalhearing, require the operator to amendthe procedures. In determining theadequacy of the procedures, theSecretary considers pipeline safety data,the feasibility of the procedures, andwhether the procedures are appropriate

-,Jfor the pipeline system involved. Each

notice of amendment shall allow theoperator at least 15 days affer receipt ofsuch notice to submit written commentsor request an informal hearing. After.considering all material presented, theSecretary shall notify the operator of therequired amendment or withdraw thenotice proposing the amendment.

(c) Maintenance and NormalOperations. The manual required byparagraph (a) of this section mustinclude procedures for the following toprovide safety during maintenance andnormal operations:.

(I) Making construction records, -maps, and operating history available asnecessaryofor safe operation andmaintenance. -

(2) Gathering of data neededforreporting accidents under SubpartB ofthispart in a timely and effectivemanner.

13) Operating, maintaining, andrepairing the pipeline system inaccordance with each oftherequirements of this subpart.

(4) Determining wich pipelinefacilities are located in areas that wouldrequire an immediate response by theoperator to prevent hazards to thepublic if the facilities failed ormalfunctioned.

(5) Analyzing pipeline accidents todetermine their causes.

(6) Minimizing the potential forhazards identified under paragraph(c)(4) of this section and the possibilityof recurrence of accidents analyzedunder paragraph {c)(5) of this section.

(7) Starting up and shutting down anypart of the pipeline system in a mannerdesigned to assure operation within thelimits prescribed by § 195.406, considerthe hazardous iqud in transportation.variations in altitude along the pipeline,and pressure monitoring and controldevices.

(8) In the case of a pipeline that is notequipped to fail safe, monitoring from anattended location pipeline pressureduring startup until steady statepressure and flow conditions arereached and during shut-in to assureoperation within limits prescribed by§ 195.406.

(9) In the case of facilities notequpped to fail safe that are identifiedunder § 195.402(c)(4) or that controlreceipt and delivery of the hazardousliquid, detecting abnormal operatingconditions by monitorng pressure,temperature, flow or other appropriateoperational data and transmitting thisdata to an attended location.

(10) Abandomng pipeline facilities,including safe disconnection from anoperating pipeline system, purging-ofcombustibles, and sealing abandoned

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facilities left in place to minimize safetyand environmental hazards.

(11) Minimizing the likelihood ofaccidental ignition of vapors m areasnear facilities identified underparagraph (c)(4) of this section wherethe potential exists for the presence offlammable liquids or gases.

(12) Establishing and maintainingliaison with fire, police, and otherappropriate public officials to learn theresponsibility and resources of eachgovernment organization that mayrespond to a hazardous liquid pipelineemergency and acquaint the officialswith the operator's ability in respondingto a hazardous liquid pipelineemergency and means ofcommunication.

(13) Periodically reviewing the workdone by operator personnel to determinethe effectiveness of the'procedures usedin normal operation and maintenanceand taking corrective action wheredeficiencies are found.

(d) Abnormal Operation. The manualrequired by paragraph (a) of this sectionmust include procedures for thefollowing to provide safety whenoperating design limits have beenexceeded:

(1) Responding to, investigating, andcorrecting the cause of:

(i] Unintended closure of valves orshutdowns;

(ii) Increase or decrease in pressure orflow rate outside normal operatinglimits;

(iii) Loss of communications;(iv) Operation of any safety device;(v) Any other malfunction of a

component, deviation from normaloperation, or personnel error whichcould-cause a hazard to persons orproperty.

(2) Checking variations from normaloperation after abnormal operation hasended at sufficient critical locations inthe system to determine continuedintegrity and safe operation.

(3) Correcting variations -from normaloperation of pressure and flowequipment and controls.

(4) Notifying responsible operatorpersonnel when notice of an abnormaloperation is received.

(5) Periodically reviewing theresponse of operator personnel todetermine the effectiveness of-theprocedures controlling abnormaloperation and taking corrective actionwhere deficiencies are found.

(e) Emergencies. The manual requiredby paragraph (a) of this section mustinclude procedures for the following toprovide safety when an emergencycondition occurs:

(1) Receiving, identifying, andclassifying notices of events which need

immediate response by the operator oiknotice to fire. police, or otherappropriate public officials andcommunciating this information toappropriate operator personnel forcorrective action.

(2] Prompt and effective response to anotice of each type emergency, includingfire or explosion occurring near ordirectly involving a pipeline facilityaccidental release of hazardous liquidfrom a pipeline facility, operationalfailure causing a hazardous condition,and natural disaster affecting pipelinefacilities.

(3) Having personnel, equipment,instruments, tools, and materialavailable as needed at the scene of anemergency.

(4) Taking-necessary action, such asemergency shutdown, or pressurereduction, to minimize the volume ofhazardous liquid that is released fromany section of a pipeline system in theevent of a failure.

(5) Control of released hazardousliquid at an accident scene to minimizethe hazard, including possibleintentional ignition in the cases offlammable-highly volatile liquid.

(6) Minimization of public exposure toinjury and probability of accidentalignition by assisting with evacuation ofresidents- and assisting with haltingtraffic on roads and railroads m theaffected area, or taking otherappropriate action.

(7) Notifying fire, police, and otherappropriate public officials of hazardousliquid pipeline emergencies andcoordinating with them preplanned andactual responses during an emergency,including additional precautionsnecessary for an emergency involving apipeline system transporting a highlyvolatile liquid.

(8) In the case of failure of a pipelinesystem transporting a ughly volatileliquid, use of appropriate instruments toassess the extent and coverage of thevapor cloud and determine thehazardous areas.

(9) Providing for a post accidentreview of employee activities todetermine whether the procedures wereeffective in each emergency and takingcorrective action where deficiencies arefound.

§ 195.403 Training.(a] Each operator shall establish and

conduct a continuing training program toinstruct operating and maintenancepersonnel to:

(1) Carry out the operating andmaintenance, and emergencyprocedures established under § 195.402that relate to their assignments;

(2) Know the charactenstics andhazards of the hazardous liquidstransported, including, in the case offlammable HVL, flammability ofmixtures with air, orderless vapors, andwater reactions

(31 Recognize conditions that arelikely to cause emergencies, predict theconsequences of facility malfunctions orfailures and hazardous liquid spills, andto take appropriate corrective action;

(4) Take steps necessary to controlany accidental release of hazardousliquid and to minimize the potential forfire, explosion, toxicity, orenvironmental damage;

(5) Learn the proper use of firefightingprocedures and equipment, fire suits,and breathing apparatus by utilizing,where feasible, a simulated pipelineemergency condition; and

(6] In the case of maintenancepersonnel, to safely repair facilitiesusing appropriate special precautions,such as isolation and purging, whenhighly volatile liquids are involved.

(b) At intervals of not more than Iyear each operator shall:

(1) Review with personnel theirperformance in meeting the objectives ofthe training program set forth Inparagraph (a) of this section: and

(2] Make appropriate changes to thetraining program as necessary to insurethat it is effective.

(c) Each operator shall require andverify that its supervisors maintain athorough knowledge of that portion ofthe procedures established under§ 195.402 for which they are responsibleto insure compliance.

§ 195.404 Maps and records.(a) Each operator shall maintain

current maps and records of its pipelinesystems that include at least thefollowing information:

(1) Location and Identification of allmajor facilities.

(2) All crossings of public roads,railroads, rivers, buried utilities, andforeign pipelines.

(3) The maximum operating pressureof each pipeline.

(4) The diameter, grade, type, andnominal wall thickness of all pipe.

(b) Each operator shall maintain dailyoperating records that indicate thedischarge pressures at each pumpstation and any unusual operations of afacility. The operator shall retain theserecords for at least 3 years.

(c) Each operator shall maintain forthe useful life of that part of the pipelinesystem to which they relate, records thatinclude the following:

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Federal Register / Vol. 46, No. 143 1 Monday, July 27, 1981 / Rules and Regulations

(1) The date. location, and descriptionofeachrepair made to its pipelinesystems.

(2) A record of each inspection andeach test required by this subpart.

§ 195.406 Maximum operating pressure.fa) Except for surge pressures and

other variations from normal operations,no operator may operate apipeline at apressure that exceeds any of thefollowing:

(1) The internal design pressure of thepipe determined in accordance with§ 195.106..

(2) The design pressure of any othercomponentof the pipeline.

(3) Eighty percent of the test pressurefor any part of the pipeline which hasbeen hydrostatically tested underSubpart E of this part

(4) Eighty percent of the factoi testpressure or of the prototype testpressure for any individuallyinstalledcomponent which is excepted fromtesting under § 195.304.

(5) In the case of onshore HVLpipelines constructed before January 8,1971, that have not been tested underSubpart E of tlis part, 80 percent of thelost pressure or highest operatingpressure to which the pipeline was'subjected for four or-more continuoushours that can be demonstrated byrecording charts or logs made at thetime the -test or operations -wereconducted. {See § 195.302b) for acompliance schedule for pipelines inHVL service before September 8,1980.)

(b) No operator may pemit thepressure in a pipeline during surges orother variations from normal operationsto exceed la0percent of the operatingpressure limit establishedunder paragraph (a) of this section. Eachoperator must provide adequate controlsand protective equipment to control thepressure within this limit.

§ 195.408 Communications.[a) Each operator mnusthave a

communication system to provide forthe transmission of information neededfor the safe operation of its pipelinesystem.

{b) The communication systemrequiredby paragraph (a) of this sectionmust, as a minimum, include means for.

(1) Monitoring operational data asrequired.by § 195.402(c)(9);

(2),Receiving notices from operatorpersonnel, the public, and publicauthorities of abnormal or emergencyconditions and sending this informationto appropriate personnel or governmentagencies for corrective action;

(3) Conducting two-way vocalcommunication between a control center

and the scene of abnormal operationsand emergencies; and

(4) Providing.communication with fire,police, and other appropriate publicofficials during emergency conditions,including a natural disaster.

§ 195.410 Line markers.(a) Except as provided in paragraphs

(b) and (c) of this section, each operatorshall place and maintain line markersover each buned line in accordance withthe following:

[1) Markers must be located at eachpublic road crossing, at each railroadcrossing, and in sufficient number alongthe remainder of each buried line so thatits location is aqcurately known.

(2) The markermust state at least thefollowing: "Warning" followed by thewords "Petroleum (or the name of thehazardous liquid transported) Pipeline"(in lettering atleastil inch high with anapproximate stroke of one-quarter inchon abackground of sharply contrastingcolor], the name of the operator and atelephone number (including area code)where the operator can be reached at alltimes. Markers at navigable 'waterwaycrossings must also contain the words"Do Not Anchor or Dredge" withlettering not less than 12 inches highwith an approximate stroke of 1Ainches on a background of sharplycontrasting color.

(b) Line markers are not required inheavily developed urban areas such asdowntown business centers where-

(1) The placement of markers isimpracticable and would not serve thepurpose for wich markers are intended;and

(2) The local government maintainscurrent substructure records.

(c) Line markers that have beeninstalledbefore April 1,1970, may beused until April 1,1975.

(d) Each operator shall provide linemarking at locations where the line isabove ground in areas that areaccessible to the public.

§ 195.412 Inspection of rights-of-way andcrossings under navigable waters.

(a) Each operator shall, at intervalsnot exceeding 2 weeks, inspect thesurface conditions on or adjacent toeach pipeline right-of-way.

(b) Except for offshore pipelines, eachoperator shall, at intervals notexceeding 5 years, inspect each crossingunder a navigable waterway todetermine the condition of the crossing.

§ 195A14 Cathodic protection.(a) After March 31,1973, no operator

may operate a pipeline Ahat has anexternal surface coating material, unlessthat pipeline is cathodically protected.

This paragraph does not apply-tobreakout tank areas and buried pumpingstationpiping.

(b) Each-operator shall eledricallyinspect each bare pipeline before April1,1975, to determine any areas in whichactive corrosion is taking place. Theoperator may not increase itsestablished operating pressure on asection of bare pipeline untif the sectionhas been so electrically inspected. Inany areas where active corrosionisfound, the operator shall providecathodic protection. Section 195.416 (f)and ( applies to all corroded pipe thatis found.

Cc) Each operator shall electricallyinspect all breakout tank areas andburied pumping station piping beforeApril 1, 1973, as to the need for cathodicprotection, and cathodic protection shallbe providedwhere necessary.

(d) Notwithstanding the deadlines forcompliance in paragraphs (a), (1), and(c) of this section. this section does notapply to offshore pipelines locatedbetween a production facility and anoperator's trunkline reception point untilAugust 1,1977.

§ 195.416 External corrosion control.(a) Each operator shall, at intervals

not exceeding 12 months, conduct testson each underground facilitym itspipeline systems that is under cathodicprotection to determine whether theprotectionis adequate.

(b) Each operator shall maintain thetest leads required for cathodicprotection in sucha condition thatelectrical measurements can beobtained to ensure adequate protection.

(c) Each operator shall. at intervalsnot exceeding 2 months, insp-ct each ofits cathodic pro tectionrectifiers.

(d) Each operator shall, at intervalsnot exceeding 5 years, electricallyinspect the bare pipe in its pipelinesystem that is not cathodically protectedand must study leak records for thatpipe to determine if additionalprotection is needed.

(e) Whenever any buried pipe isexposed for any reason, the operatorshall examine the pipe for evidence ofexternal corrosion. If the operator findsthat there is active corrosion, that thesurface of the pipe is-generally pitted, orthat corrosion has caused a leak, it shallinvestigate further to determine theextent of the corrosion.

(0) Any pipe that is found to begenerally corroded so that the remamngwall thickness is less than the minimumthickness required by the pipespecification tolerances must either bereplaced with coatedpipe that meets therequirements of this part or, if the area

38371.


is small, must be repaired. However, theoperator need not replace generallycorroded pipe if the operating pressureis reduced to be commensurate with thelimits on operating pressure specified inthis subpart, based on the'actualremaining wall thickness.

(g) If isolated corrosion pitting isfound, the operator shall repair orreplace the pipe unless-

(1) The diameter of the corrosion pitsis less than the nominal wall thicknessas measured at the surface of the pipe;and

(2) The remaimng wall thickness atthe bottom of the pits is at least 70percent of the nominal wall thickness-.

(h) Each operator shall clean, coatwith material suitable for the preventionof atmospheric corrosion, and, maintainthis protection for, each component inits pipeline system that is exposed to theatmosphere.

§ 195.418 Internal corrosion control.(a) No operator may transport any

hazardous liquid that would corrode thepipe or other components of its pipelinesystem, unless it has investigated thecorrosive effect of the hazardous liquidon the system and has taken adequatesteps to mitigate corrosion.

(b) If corrosion inhibitors are used tomitigate internal corrosion the operatorshall use inhibitors in sufficient quantityto protect the entire part of the systemthat the inhibitors are designed toprotect and shall also use coupons orother monitoring equipment todetermine their effectiveness.

(c) The operator shall, at intervals notexceeding 6 months, examine couponsor other types of monitoring equipmentto determine the effectiveness of theinhibitors or the extent of any corrosion.

(d) Whenever any pipe is-removedfrom the pipeline for any reason, theoperator must inspect the internalsurface for evidence of corrosion. If thepipe is generally corroded such that theremaining wall thickness is less than theminimum thickness required by. the pipespecification tolerances, the operatorshall investigate adjacentpipe to determine'the extent of thecorrosion. The corroded pipe must bereplaced with pipe that meets therequirements of this part or, based onthe actual remaining wall-thickness, theoperating pressure must be reduced tobe commensurate with the limits onoperating pressure specified in thissubpart.

§ 195.420 Value maintenance.(a) Each operator shall maintain each

value that is necessary for the safeoperation of its pipeline systems in goodworking order at all times.

(b) Each operator shall, at intervalsnot exceeding 6 months, inspect eachmain line valve to determine that it isfunctiomng properly.

(c) Each operator shall prgvide.protection for each valve from,unauthorized operation and fromvandalism.

§ 195.422 Pipeline repairs.(a) Each operator shall, in repairing its

pipeline systems, insure that the repairsare made in a safe manner and aremade so as to prevent damage topersons or property.

(b) No operator may use any pipe,valve, of fitting, for replacement inrepairing pipeline facilities, unless it isdesigned and constructed as required bythis part.

§ 195.424 Pipe movement.(a) No operator may move any line

pipe, unless the pressure in the linesection involved is reduced to not morethan 50 percent of the maximumoperating pressure.

(b) No operator may more anypipeline contaimng highly volatileliquids where materials in the linesection involved are joined by weldingunless-

(1) Movement when the pipeline doesnot contain highly volatile liquds isunpractical;

(2) The procedures of the operatorunder § 195.402 contain precautions toprotect the public against the hazard inmoving pipelines containing highlyvolatile liquids, including the use ofwarnings, where necessary, to evacuatethe area close to the pipeline; and

(3) The pressure in that line section isreduced to the lower of the following:

(i) Fifty percent or less of themaximum operating pressure; or

(ii) The lowest practical level that willmaintain the highly volatile liquid in aliquid state with continuous flow, butnot less than 50 p.s.i.g. above the vaporpressure of the commodity.

(c) No operator may move anypipeline containing highly volatileliquids where materials in the linesection involved are not joined bywelding unless-

(1) The operator complies withparagraphs (b) (1) and (2) of this section;and

(2) That line section is isolated toprevent the flow of highly volatile liquid.

§ 195.426 Scraper and sphere facilities.No operator may use a launcher or

receiver that is not equipped with arelief device capable of safely relievingpressure in the barrel before insertion orremoval or scrapers or spheres. Theoperator must use a suitable device to

indicate that pressure has been relievedin the barrel or must provide a means toprevent insertion or removal of scrapersor spheres if pressure has not beanrelieved In the barrel. t'

§ 195.428 Overpressure safety devices.

(a) Except as provided in paragraph(b) of this section, each operator'shall,at intervals not exceeding 12 months, or6 months in the casd of pipelines used tocarry lughly volatile liquids, inspect andtest each pressure limiting device, reliefvalve, pressure regulator, or other Itemof pressure control equipmenttodetermine that it is functioning properly,is in good mechanical condition, and Isadequate from the standpoint ofcapacity and reliability of operation forthe service in which it is used.

(b) In the case of relief valves on,pressure breakout tanks containinghighly volatile liquids, each operatorshall test each valve at intervals notexceeding 5 years.

§ 195.430 Firefighting equipment.

Each operator shall maintainadequate firefighting equipment at eachpump station and breakout tank area.The equipment must be-

(a) In proper operating condition at alltimes;

(b) Plainly marked so that its identityas firefighting equipment is clear, and

(c) Located so that it is easilyaccessible during a fire.

§ 195.432 Breakout tanks.Each operator shall, at intervals not

exceeding 12 months, inspect eachbreakout tank (including atmosphericand pressure tanks).

§ 195.434 Signs.Each operator shall maintain signs

visible to the public around eachpumping station and breakout tank area.Each sign must contain the name of theoperator and an emergency telephonenumber to contact.

§ 195.436 Security of facilities.

Each operator shall provide protectionfor each pumping station and breakouttank area and other exposed facility(such as scraper traps) from vandalismand unauthorized entry.

§ 195.438 Smoking or open flames.Each operator shall prohibit smoking

and open flames in each pump stationarea and each breakout tank area wherethere is a possibility of the leakage of aflammable hazardous liquid or of thepresence of flammable vapors.

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§ 195.440 Public education.Each operator shall esJablish a

continuing educational program toenable the public, appropriategovernment orgamzations, and personsengaged m excavation related activities

to recognize a hazardous liquid pipelineemergency and to report it to theoperator or the fire, police, or otherappropriate public officials. Theprogram must be conducted in Englishand m other languages commonly

understood by a significant number andconcentration of non-English speakingpopulation in the operator's operatingareas.[FR Doc. 1-21 iled 7-Z4-81:8:45 am]

BILING CODE 491D-60-M

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final - pipeline and hazardous materials safety administration

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