In This Issue

PHMSA NPRM Periodic Updates of Regulatory References to Technical Standards & Misc. Amendments

[Docket No. PHMSA-2011-0337]

The Department of Transportation/Pipeline Hazardous Materials Safety Administration (PHMSA) posted a notice of proposed rulemaking (NPRM) to amend the pipeline safety regulations to incorporate by reference all or parts of new, updated, or reaffirmed editions of voluntary consensus standards that are available on the Internet, free-of-charge, to the public. PHMSA is also proposing to make nonsubstantive edits and to clarify regulatory language in certain provisions.

New regulations that are proposed to be incorporated include:

  • API Recommended Practice 5LT, “Recommended Practice for Truck Transportation of Line Pipe,” (First edition, March 1, 2012) to address the National Transportation Safety Board’s (NTSB) Recommendation P-04-03.
  • ASTM D2513-09a, “Standard Specification for Polyethylene (PE) Gas Pressure Pipe, Tubing, and Fittings,” (December 1, 2009), (except section 4.2 pertaining to rework material) (ASTM D2513). (PHMSA cannot guarantee allowing reworked material will provide an equivalent or better level of safety)
  • 49 CFR Section 195.452(l) currently requires an operator to maintain certain records for review during an integrity management (IM) inspection. Additionally, PHMSA proposes to specify that records for IM compliance must be maintained for the useful life of the pipe.

The following standards with updated editions are not proposed to be incorporated by reference:

  • API Recommended Practice 1162, “Public Awareness Programs for Pipeline Operator. – 1st edition December 2003 will continue to be referenced rather than the 2nd edition.
  • API Standard 653-2001, “Tank Inspection, Repair, Alteration, and Reconstruction” (3rd edition, 2001). It is worth noting that PHMSA is proposing to eliminate the Risk-Based Inspection allowances for internal tank inspection interval determination listed in the currently accepted 2003 edition.

New editions to currently referenced standards are being proposed to be incorporated by reference:

  • 49 CFR Section 24, ‘‘Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011’’, added a new requirement on documents incorporated by reference after January 3, 2013. The law states, “Beginning 1 year after the date of enactment of this subsection, the Secretary may not issue guidance or a regulation pursuant to this chapter that incorporates by reference any documents or portions thereof unless the documents or portions thereof are made available to the public, free of charge, on an Internet Web site.” PHMSA negotiated agreements with the majority of the standards-setting organizations to make documents incorporated by reference in the pipeline safety regulations available to the public. These organizations are:
    • American Petroleum Institute (API).
    • American Gas Association (AGA).
    • American Society for Testing and Materials (ASTM).
    • Gas Technology Institute (GTI).
    • Manufacturers Standardization Society of the Valve and Fittings Industry, Inc. (MSS).
    • NACE International (NACE).
    • National Fire Protection Association (NFPA).

Submit comments on the subject of this NPRM on or before October 15, 2013 via the E-Gov Web portal and reference Docket ID PHMSA–2011–0337.

For a copy of this NPRM, contact Jessica Roger.