Rule2023-08548
Pipeline Safety: Safety of Gas Transmission Pipelines: Repair Criteria, Integrity Management Improvements, Cathodic Protection, Management of Change, and Other Related Amendments: Technical Corrections; Response to Petitions for Reconsideration
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
April 24, 2023
Effective
May 24, 2023
Issuing agencies
Transportation DepartmentPipeline and Hazardous Materials Safety Administration
Abstract
PHMSA is making necessary technical corrections to ensure consistency within, and the intended effect of, a recently issued final rule titled "Safety of Gas Transmission Pipelines: Repair Criteria, Integrity Management Improvements, Cathodic Protection, Management of Change, and Other Related Amendments." PHMSA also alerts the public to its November 18, 2022, and April 19, 2023, responses to petitions for reconsideration of this final rule.
Full Text
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<title>Federal Register, Volume 88 Issue 78 (Monday, April 24, 2023)</title>
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[Federal Register Volume 88, Number 78 (Monday, April 24, 2023)]
[Rules and Regulations]
[Pages 24708-24712]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-08548]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Part 192
[Docket No. PHMSA-2011-0023; Amdt. No. 192-133]
RIN 2137-AF39
Pipeline Safety: Safety of Gas Transmission Pipelines: Repair
Criteria, Integrity Management Improvements, Cathodic Protection,
Management of Change, and Other Related Amendments: Technical
Corrections; Response to Petitions for Reconsideration
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
Department of Transportation (DOT).
ACTION: Final rule; technical corrections; response to petitions for
reconsideration.
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SUMMARY: PHMSA is making necessary technical corrections to ensure
consistency within, and the intended effect of, a recently issued final
rule titled ``Safety of Gas Transmission Pipelines: Repair Criteria,
Integrity Management Improvements, Cathodic Protection, Management of
Change, and Other Related Amendments.'' PHMSA also alerts the public to
its November 18, 2022, and April 19, 2023, responses to petitions for
reconsideration of this final rule.
DATES: Effective May 24, 2023.
FOR FURTHER INFORMATION CONTACT:
Technical questions: Steve Nanney, Senior Technical Advisor, by
telephone at 713-272-2855.
General information: Robert Jagger, Senior Transportation
Specialist, by telephone at 202-366-4361.
SUPPLEMENTARY INFORMATION: On August 24, 2022, as the culmination of a
decade-long rulemaking process, PHMSA published a final rule titled
``Safety of Gas Transmission Pipelines: Repair Criteria, Integrity
Management Improvements, Cathodic Protection, Management of Change, and
Other Related Amendments'' \1\ amending the Pipeline Safety Regulations
at 49 CFR part 192 to improve the safety of onshore gas transmission
pipelines. In preparing to implement provisions of the August 2022
Final Rule, as well as through discussions with stakeholders (including
petitions for reconsideration of the August 2022 Final Rule), PHMSA has
identified several places in the amended regulatory text that would
benefit from technical correction to facilitate timely implementation
of the August 2022 Final Rule consistent with the function and purposes
described in the administrative record. PHMSA also alerts the public to
the availability in the rulemaking docket of its November 18, 2022,
response to a petition for reconsideration filed by the American Gas
Association and its April 19, 2022, response to a petition for
reconsideration jointly filed by the Interstate Natural Gas Association
of America and the American Petroleum Institute.
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\1\ 87 FR 52224 (Aug. 24, 2022) (``August 2022 Final Rule'').
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A. Technical Corrections To Ensure Consistency Between Sec. Sec.
192.714 and 192.933
Among the August 2022 Final Rule's regulatory amendments were the
enhancement of existing repair criteria and repair schedules for
anomalies discovered in a High Consequence Area (HCA) and the extension
of those repair criteria and schedules to onshore gas transmission
lines outside an HCA. See 87 FR at 52226 (``The content of the non-HCA
repair criteria being finalized in this rule is consistent with the
criteria for HCAs''). This was achieved by adding similar repair
criteria and scheduling requirements to both 49 CFR 192.714 (applicable
to non-HCA lines) and Sec. 192.933 (applicable to HCA lines). See 87
FR at 52246. However, PHMSA has identified three instances in the
amended regulatory text that would benefit from technical correction to
facilitate timely implementation of the August 2022 Final Rule
consistent with the function and purposes described in the
administrative record.
First, both Sec. Sec. 192.714 and 192.933 provide, at respective
paragraph (d)(1), for specific conditions that must be repaired
immediately. These are the most severe, risk-bearing conditions and the
August 2022 Final Rule set out the importance for public and
environmental safety of their swift remediation upon detection. That
detection may come from regularly scheduled assessments and the
evaluation of anomalies that appear indicative of a serious condition.
Section 7 of ASME/ANSI B31.8S provides that examination of these
indications must occur ``within a period not to exceed 5 days following
determination of the condition,'' with ``prompt[ ]'' remediation
thereafter of
[[Page 24709]]
any defect found to require repair or removal.\2\ ASME/ANSI B31.8S,
section 7 is incorporated in the HCA immediate repair criteria at Sec.
192.933(d)(1) for operators to follow in their evaluation and
remediation schedule. However, parallel language was inadvertently
omitted from Sec. 192.714(d). See 87 FR at 52246 (referencing ASME/
ANSI B31.8S, section 7 in the preamble discussion supporting Sec.
192.714).\3\ This omission from Sec. 192.714 leaves unintended
asymmetry in the evaluation and remediation schedule for immediate
repair conditions between HCA and non-HCA lines, with potential for
operator confusion. As the Sec. 192.714 repair criteria were intended
to largely mirror those at Sec. 192.933, PHMSA is correcting this
oversight by adding to the beginning of Sec. 192.714(d)(1) similar
language that begins Sec. 192.933(d)(1): ``An operator's evaluation
and remediation schedule for immediate repair conditions must follow
section 7 of ASME/ANSI B31.8S (incorporated by reference, see Sec.
192.7).''
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\2\ Am. Soc'y Mech. Eng'rs, B31.8S-2004, ``Managing System
Integrity of Gas Pipelines,'' sec. 7 (2005) (``ASME/ANSI B31.8S'').
\3\ PHMSA included amendatory language at Sec. 192.7(c)(6) to
incorporate by reference ASME/ANSI B31.8S for Sec. 192.714(d). See
87 FR at 52267.
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Second, Sec. Sec. 192.714(d)(3) and 192.933(d)(3) list various
``monitored conditions'' that entail less acute risk to public safety
and the environment but which nevertheless merit monitoring by
operators to ensure no further degradation occurs. Evidence supporting
differentiation between a scheduled repair condition and a monitored
repair condition can include an engineering critical assessment (ECA)
demonstrating critical strain levels are not exceeded; conversely,
exceedance of critical strain levels will often require a condition be
scheduled for a repair under Sec. Sec. 192.714(d)(2) and
192.933(d)(2). For that reason, PHMSA explained during the Gas Pipeline
Advisory Committee (GPAC) meeting that it intended for dent repair
criteria for both HCA and non-HCA areas to provide that ``[d]ents
analyzed by ECA, but shown to not exceed critical strain levels[,]
would be Monitored Conditions'' under Sec. Sec. 192.714(d)(3) and
192.933(d)(3).\4\ However, the regulatory text adopted by the August
2022 Final Rule included references to ECA as an element for only two
of three monitored dent conditions in Sec. 192.714 (applicable to non-
HCA lines), even as it referenced ECA for all three monitored dent
conditions in Sec. 192.933 (applicable to HCA lines). See Sec. Sec.
192.714(d)(3)(ii)-(iii) and 192.933(d)(3)(i)-(iii). The omission of ECA
in the criteria at Sec. 192.714(d)(3)(i) for dents on the bottom third
(\1/3\) of the pipeline was inadvertent, as further demonstrated by
reference to the same condition found in Sec. 192.933(d)(3)(i) for HCA
pipelines, which correctly includes the reference to an ECA.
Accordingly, PHMSA is correcting the editorial oversight at Sec.
192.714(d)(3)(i) by revising the regulatory language to provide that a
dent on the bottom third (\1/3\) of a pipeline can be a monitored
condition ``where an engineering analysis, performed in accordance with
Sec. 192.712(c), demonstrates critical strain levels are not
exceeded.''
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\4\ GPAC, Mar. 26 to 28, 2018 Meeting Slides at slide 150 (Mar.
2018); 87 FR at 52249. The GPAC meeting material is available on the
public meeting page accessible at <a href="https://primis.phmsa.dot.gov/meetings/MtgHome.mtg?mtg=132">https://primis.phmsa.dot.gov/meetings/MtgHome.mtg?mtg=132</a>.
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Third, PHMSA also clarifies that Sec. 192.714(b) permits operators
in certain circumstances to use the default values provided for in
Sec. 192.712(d)(3) and (e)(2) to calculate predicted failure pressure
during repair operations when their documented material properties are
unknown. Section 192.714(b) sets general, baseline requirements to
``ensure that the repairs are made in a safe manner'' and requires a
``pipeline segment's operating pressure [to] be less than the predicted
failure pressure determined in accordance with Sec. 192.712 during
repair operations.'' Section 192.712 directs operators to use material
property values that are documented in traceable, verifiable, and
complete records where possible and provides conservative values
operators may use where they are not. See Sec. 192.712(d)(3), (e)(2).
Operators must, in complying with Sec. Sec. 192.714(b) and 192.933(a),
either use documented material properties where they are available;
obtain any missing documentation through Sec. 192.607 where possible;
or where such documentation is unavailable and cannot be obtained in a
timely manner, employ the conservative assumptions in Sec. 192.712 in
their stead. See 87 FR at 52253. To make this clear, PHMSA is issuing a
technical correction to add as the final sentence to both Sec. Sec.
192.714(b) and 192.933(a): ``Until documented material properties are
available, the operator must use the conservative assumptions in either
Sec. 192.712(e)(2) or, if appropriate following a pressure test, in
Sec. 192.712(d)(3).'' As PHMSA explained in the August 2022 Final
Rule, an operator ``missing any material properties during anomaly
evaluations and repairs'' should, through the ensuing repair operation,
``confirm those material properties under Sec. Sec. 192.607 and
192.712(e) through (g)'' for future use. 87 FR at 52253.
B. Technical Correction to Sec. 192.319(f) for Consistency With Sec.
192.461(h) Regarding Schedule for Completing Any Necessary Repairs
PHMSA also intended in the August 2022 Final Rule to establish a
consistent approach for scheduling remediation of severe coating damage
for newly installed (pursuant to Sec. 192.319) and existing (pursuant
to Sec. 192.461) pipelines to protect against corrosion. As PHMSA
explained during the GPAC meeting, PHMSA intended both Sec. Sec.
192.319 and 192.461 to provide operators 1 year total (contingent on
obtaining any necessary permits) to complete the assessment of a pipe's
corrosion protective coating and make any needed repairs; specifically,
PHMSA intended to provide operators 6 months for the assessment plus 6
months from the assessment to complete any necessary repairs, with an
allowance for permitting delays.\5\ While Sec. 192.461 contains
language providing for this schedule at paragraphs (f) (assessment) and
(h) (repair), and Sec. 192.319 provides for the same schedule at
paragraph (d) (assessment), PHMSA inadvertently omitted such language
from paragraph (f) (repair) of Sec. 192.319. PHMSA is therefore
issuing a technical correction so that Sec. 192.319(f) provides 6
months from the assessment, or as soon as practical after obtaining
necessary permits, to complete any necessary repairs. This technical
correction will also ensure that under Sec. 192.319(f) operators apply
for any needed permits within 6 months, mirroring the language in Sec.
192.461(h).
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\5\ GPAC, June 6 to 7, 2017 Meeting Slides at slides 10 & 13
(June 2017) (providing 6 months for assessment ``plus 6 months to
complete repairs''); GPAC, June 6, 2017 Meeting Transcript, at 40.
The GPAC material is available on the public meeting page accessible
at <a href="https://primis.phmsa.dot.gov/meetings/MtgHome.mtg?mtg=123">https://primis.phmsa.dot.gov/meetings/MtgHome.mtg?mtg=123</a>.
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C. Technical Correction To Specify the Unit Measurement in Sec.
192.473(c)(3) Is in Alternating Current (AC)
Finally, among several provisions providing safety measures against
potential corrosion, the August 2022 Final Rule includes language at
Sec. 192.473(c) obliging operators to conduct interference surveys to
detect certain stray currents, for example, those from ``co-located
pipelines, structures, or high voltage alternating current (HVAC) power
lines.'' 87 FR at 52269 (amending Sec. 192.473(c)(1)). Detecting and
remediating interference surveys is essential to protecting pipeline
integrity against stray currents
[[Page 24710]]
that interfere with a corrosion control system. 87 FR at 52237. Section
192.473(c)(3), as adopted by the August 2022 Final Rule, requires that
operators take remedial action when those surveys detect interference
current that meets or exceeds 100 amps per meter square. The precise
unit of measure is ``100 amps per meter squared alternating current
(AC).'' 100 amps is calibrated as the appropriate value when measured
in AC, as PHMSA has also specified in special permits it has issued,
stating: ``Remedial action is required when the interference . . . is
at a level that could cause significant corrosion (defined as 100 amps
per meter square for AC-induced corrosion)[.]'' See, e.g., Special
Permit Requested by Natural Gas Pipeline Company of America, LLC, Class
1 to Class 3, Dkt. No. PHMSA-2019-0150 (Issued May 17, 2022), <a href="https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2022-05/2019-0150-NGPL-Class-1-to-3-FL-SP-05-17-2022.pdf">https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2022-05/2019-0150-NGPL-Class-1-to-3-FL-SP-05-17-2022.pdf</a>; Special Permit Requested by Florida
Gas Transmission Company, LCC, Class 1 to Class 3, Dkt. No. PHMSA-2020-
0001 (Issued Mar. 31, 2022), <a href="https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2022-04/2020-0001-Florida-Gas-Transmission-SP-Class-1-to-3-FL-SP-03-31-2022.pdf">https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2022-04/2020-0001-Florida-Gas-Transmission-SP-Class-1-to-3-FL-SP-03-31-2022.pdf</a>. PHMSA is issuing a technical
correction to clarify in the regulatory text of Sec. 192.473(c)(3)
that the unit of measure is in AC.
D. Response to Petitions for Reconsideration
PHMSA alerts the public and regulated community to its responses to
petitions for reconsideration filed by the American Gas Association
(AGA), the Interstate Natural Gas Association of America (INGAA), and
the American Petroleum Institute (API). On September 23, 2022, AGA
submitted a petition for reconsideration of the August 2022 Final Rule
requesting clarification of two definitions at Sec. 192.3 (regarding
``in-line inspection'' and ``transmission line'') and additional
compliance time. See Docket No. PHMSA-2011-0023-0643. PHMSA's November
18, 2022, response letter to AGA's petition is available in the docket
for this rulemaking at Docket No. PHMSA-2011-0023-0646.
Also on September 23, 2022, INGAA and API jointly submitted a
petition for reconsideration of the August 2022 Final Rule that raised
a wide variety of requests, including additional compliance time. See
Docket No. PHMSA-2011-0023-0644. PHMSA's April 19, 2023, response
letter to INGAA and API's petition is available in the docket for this
rulemaking at Docket No. PHMSA-2011-0023-0649. Several of the issues
raised in this petition have also informed technical corrections made
in this notice.
IV. Regulatory Analyses and Notices
A. Legal Authority
Statutory authority for these technical corrections to the August
2022 Final Rule, as with that final rule itself, is provided by the
Federal Pipeline Safety Act (49 U.S.C. 60101 et seq.). The Secretary
delegated his authority under the Federal Pipeline Safety Act to the
PHMSA Administrator under 49 CFR 1.97.
PHMSA finds it has good cause to make these five technical
corrections without notice and comment pursuant to Section 553(b) of
the Administrative Procedure Act (APA, 5 U.S.C. 551, et seq.). Section
553(b)(B) of the APA provides that, when an agency for good cause finds
that notice and public procedure are impracticable, unnecessary, or
contrary to the public interest, the agency may issue a rule without
providing notice and an opportunity for public comment. These technical
corrections, as explained above, are all editorial in nature and
consistent with the intent of the recently published August 2022 Final
Rule, which itself was the product of a decade-long rulemaking record
with extensive notice and opportunity for comment, including various
occasions for input through the GPAC at public meetings. The technical
corrections make no substantive changes to the August 2022 Final Rule
but merely facilitate its implementation by aligning the regulatory
text with explanatory material in the August 2022 Final Rule's preamble
and the administrative record. Because the August 2022 Final Rule is
the product of an extensive administrative record with numerous
opportunities (including through written comments and the advisory
committee) for public comment, PHMSA finds that additional comment on
the technical corrections herein is unnecessary.
B. Executive Order 12866 and DOT Regulatory Policies and Procedures
These technical corrections have been evaluated in accordance with
existing policies and procedures and are considered not significant
under Executive Order 12866 (``Regulatory Planning and Review'') \6\
and DOT Order 2100.6A (``Rulemaking and Guidance Procedures''). While
the August 2022 Final Rule received review by the Office of Management
and Budget (OMB) under Executive Order 12866, these technical
corrections (which are consistent with the final rule) are not
considered significant and accordingly, this notice has not been
reviewed under that authority. PHMSA finds that the technical
corrections herein (in all respects consistent with the final rule)
neither impose incremental compliance costs nor adversely affect
safety.
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\6\ 58 FR 51735 (Oct. 4, 1993).
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C. Regulatory Flexibility Act
The Regulatory Flexibility Act, as amended by the Small Business
Regulatory Flexibility Fairness Act of 1996 (RFA, 5 U.S.C. 601 et
seq.), generally requires Federal regulatory agencies to prepare a
Final Regulatory Flexibility Analysis (FRFA) for a final rule subject
to notice-and-comment rulemaking under the APA. 5 U.S.C. 604(a).\7\
PHMSA did so for the August 2022 Final Rule, where the FRFA is
available in the rulemaking docket, and that analysis remains unchanged
as the technical corrections will impose no new incremental compliance
costs.\8\ Because PHMSA has ``good cause'' under the APA to forego
comment on the technical corrections herein, no FRFA is required,
consistent with the Small Business Administration's implementing
guidance which explains that ``[i]f an NPRM is not required, the RFA
does not apply.'' \9\
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\7\ This requirement is subject to exceptions--which are not in
any event applicable here because PHMSA has good cause to forego
comment in adopting the technical correction herein.
\8\ Final Regulatory Impact Analysis, Doc. No. PHMSA-2011-0023-
0637, at 44 (Aug. 26, 2022).
\9\ Small Business Administration, ``A Guide for Government
Agencies: How to Comply with the Regulatory Flexibility Act'' 55
(2017).
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D. Paperwork Reduction Act
The technical corrections in this notice impose no new or revised
information collection requirements beyond those discussed in the
August 2022 Final Rule.
E. Unfunded Mandates Reform Act of 1995
These technical corrections do not impose an unfunded mandate under
the Unfunded Mandates Reform Act of 1995 (UMRA, 2 U.S.C. 1501 et seq.).
PHMSA prepared an analysis of the UMRA considerations in the final
regulatory impact analysis for the August 2022 Final Rule, which is
available in the docket for the rulemaking.\10\ These technical
corrections have no substantial effect on that analysis as they will
impose no new incremental compliance costs. PHMSA has analyzed the
technical corrections in this notice
[[Page 24711]]
under the factors in the UMRA, as well, and determined that the
technical corrections to the final rule herein do not impose
enforceable duties on State, local, or Tribal governments or on the
private sector of $100 million or more, adjusted for inflation, in any
one year.
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\10\ Doc. No. PHMSA-2011-0023-0637, at 44 (Aug. 26, 2022).
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F. National Environmental Policy Act
The National Environmental Policy Act of 1969 (NEPA, 42 U.S.C. 4321
et seq.) requires Federal agencies to prepare a detailed statement on
major Federal actions significantly affecting the quality of the human
environment. PHMSA analyzed the August 2022 Final Rule in accordance
with NEPA, implementing Council on Environmental Quality regulations
(40 CFR parts 1500-1508), and DOT implementing policies (DOT Order
5610.1C, ``Procedures for Considering Environmental Impacts'') and
determined the final rule would not significantly affect the quality of
the human environment.\11\ The technical corrections in this notice
have no effect on PHMSA's earlier NEPA analysis prepared on the August
2022 Final Rule as the technical corrections are consistent, and merely
facilitate compliance with, the August 2022 Final Rule. The purpose of
the technical corrections is to further improve safety in conducting
operations and repairs.
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\11\ Final Environmental Assessment, Doc. No. PHMSA-2011-0023-
0635 (July 2022).
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G. Privacy Act Statement
In accordance with 5 U.S.C. 553(c), DOT solicits comments from the
public to inform its rulemaking process. DOT posts these comments,
without edit, including any personal information the commenter
provides, to <a href="http://www.regulations.gov">www.regulations.gov</a>, as described in the system of records
notice (DOT/ALL-14 FDMS), which can be reviewed at <a href="http://www.dot.gov/privacy">www.dot.gov/privacy</a>.
H. Executive Order 13132 (Federalism)
PHMSA has analyzed this notice in accordance with the principles
and criteria contained in Executive Order 13132 (``Federalism'').\12\
PHMSA has previously determined that the August 2022 Final Rule itself
did not impose any substantial direct effect on the States, the
relationship between the National Government and the States, or the
distribution of power and responsibilities among the various levels of
government, see 87 FR at 52266; nor do the technical corrections
herein, which are consistent with the August 2022 Final Rule and merely
facilitate its compliance. Therefore, the consultation and funding
requirements of Executive Order 13132 do not apply.
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\12\ 64 FR 43255 (Aug. 10, 1999).
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I. Executive Order 13211
PHMSA analyzed the August 2022 Final Rule and determined that the
requirements of Executive Order 13211 (``Actions Concerning Regulations
that Significantly Affect Energy Supply, Distribution, or Use'') \13\
did not apply. Neither are these technical corrections to the rule a
``significant energy action'' under Executive Order 13211 as they are
not likely to have a significant adverse effect on supply,
distribution, or energy use. Further, OMB has not designated these
corrections a significant energy action.
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\13\ 66 FR 28355 (May 22, 2001).
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J. Executive Order 13175
This document was analyzed in accordance with the principles and
criteria contained in Executive Order 13175 (``Consultation and
Coordination with Indian Tribal Governments'') \14\ and DOT Order
5301.1 (``Department of Transportation Policies, Programs, and
Procedures Affecting American Indians, Alaska Natives, and Tribes'').
Because nothing herein has Tribal implications or imposes substantial
direct compliance costs on Indian Tribal governments, the funding and
consultation requirements of Executive Order 13175 do not apply.
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\14\ 65 FR 67249 (Nov. 6, 2000).
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K. Executive Order 13609 and International Trade Analysis
Under Executive Order 13609 (``Promoting International Regulatory
Cooperation''),\15\ agencies must consider whether the impacts
associated with significant variations between domestic and
international regulatory approaches are unnecessary or may impair the
ability of American business to export and compete internationally. In
meeting shared challenges involving health, safety, labor, security,
environmental, and other issues, international regulatory cooperation
can identify approaches that are at least as protective as those that
are or would be adopted in the absence of such cooperation.
International regulatory cooperation can also reduce, eliminate, or
prevent unnecessary differences in regulatory requirements. The
technical corrections to the final rule in this notice do not impact
international trade.
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\15\ 77 FR 26413 (May 4, 2012).
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L. Regulation Identifier Number (RIN)
A regulation identifier number (RIN) is assigned to each regulatory
action listed in the Unified Agenda of Federal Regulations. The
Regulatory Information Service Center publishes the Unified Agenda in
April and October of each year. The RIN contained in the heading of
this document can be used to cross-reference this action with the
Unified Agenda.
List of Subjects in 49 CFR Part 192
Corrosion control, Incorporation by reference, Installation of pipe
in a ditch, Integrity management, Internal inspection device,
Management of change, Pipeline safety, Repair criteria, Surveillance.
In consideration of the foregoing, PHMSA further amends 49 CFR part
192, as amended August 24, 2022, at 87 FR 52224, and effective May 24,
2023, by making the following technical amendments:
PART 192--TRANSPORTATION OF NATURAL AND OTHER GAS BY PIPELINE:
MINIMUM FEDERAL SAFETY STANDARDS
0
1. The authority citation for part 192 continues to read as follows:
Authority: 30 U.S.C. 185(w)(3), 49 U.S.C. 5103, 60101 et seq.,
and 49 CFR 1.97.
0
2. Section 192.319, as amended August 24, 2022, at 87 FR 52269, and
effective May 24, 2023, is further amended by revising paragraph (f) to
read as follows:
Sec. 192.319 Installation of pipe in a ditch.
* * * * *
(f) An operator of an onshore steel transmission pipeline must
develop a remedial action plan and apply for any necessary permits
within 6 months of completing the assessment that identified the
deficiency. An operator must repair any coating damage classified as
severe (voltage drop greater than 60 percent for DCVG or 70 dB[micro]V
for ACVG) in accordance with section 4 of NACE SP0502 (incorporated by
reference, see Sec. 192.7) within 6 months of the assessment, or as
soon as practicable after obtaining necessary permits, not to exceed 6
months after the receipt of permits.
* * * * *
0
3. Section 192.473, as amended August 24, 2022, at 87 FR 52269, and
effective May 24, 2023, is further amended by revising paragraph (c)(3)
to read as follows:
Sec. 192.473 External corrosion control: Interference currents.
* * * * *
(c) * * *
(3) Development of a remedial action plan to correct any instances
where
[[Page 24712]]
interference current is greater than or equal to 100 amps per meter
squared alternating current (AC), or if it impedes the safe operation
of a pipeline, or if it may cause a condition that would adversely
impact the environment or the public; and
* * * * *
0
4. Section 192.714, as added August 24, 2022, at 87 FR 52271, and
effective May 24, 2023, is amended by revising paragraphs (b), (d)(1)
introductory text, and (d)(3)(i) to read as follows:
Sec. 192.714 Transmission lines: Repair criteria for onshore
transmission pipelines.
* * * * *
(b) General. Each operator must, in repairing its pipeline systems,
ensure that the repairs are made in a safe manner and are made to
prevent damage to persons, property, and the environment. A pipeline
segment's operating pressure must be less than the predicted failure
pressure determined in accordance with Sec. 192.712 during repair
operations. Repairs performed in accordance with this section must use
pipe and material properties that are documented in traceable,
verifiable, and complete records. If documented data required for any
analysis, including predicted failure pressure for determining MAOP, is
not available, an operator must obtain the undocumented data through
Sec. 192.607. Until documented material properties are available, the
operator must use the conservative assumptions in either Sec.
192.712(e)(2) or, if appropriate following a pressure test, in Sec.
192.712(d)(3).
* * * * *
(d) * * *
(1) Immediate repair conditions. An operator's evaluation and
remediation schedule for immediate repair conditions must follow
section 7 of ASME/ANSI B31.8S (incorporated by reference, see Sec.
192.7). An operator must repair the following conditions immediately
upon discovery:
* * * * *
(3) * * *
(i) A dent that is located between the 4 o'clock and 8 o'clock
positions (bottom \1/3\ of the pipe) with a depth greater than 6
percent of the pipeline diameter (greater than 0.50 inches in depth for
a pipeline diameter less than NPS 12), and where an engineering
analysis, performed in accordance with Sec. 192.712(c), demonstrates
critical strain levels are not exceeded.
* * * * *
0
5. Section 192.933, as amended August 24, 2022, at 87 FR at 52277, and
effective May 24, 2023, is further amended by revising paragraph (a)
introductory text to read as follows:
Sec. 192.933 What actions must be taken to address integrity issues?
(a) General requirements. An operator must take prompt action to
address all anomalous conditions the operator discovers through the
integrity assessment. In addressing all conditions, an operator must
evaluate all anomalous conditions and remediate those that could reduce
a pipeline's integrity. An operator must be able to demonstrate that
the remediation of the condition will ensure the condition is unlikely
to pose a threat to the integrity of the pipeline until the next
reassessment of the covered segment. Repairs performed in accordance
with this section must use pipe and material properties that are
documented in traceable, verifiable, and complete records. If
documented data required for any analysis is not available, an operator
must obtain the undocumented data through Sec. 192.607. Until
documented material properties are available, the operator must use the
conservative assumptions in either Sec. 192.712(e)(2) or, if
appropriate following a pressure test, in Sec. 192.712(d)(3).
* * * * *
Issued in Washington, DC, under authority delegated in 49 CFR
1.97.
Tristan H. Brown,
Deputy Administrator, Pipeline and Hazardous Materials Safety
Administration.
[FR Doc. 2023-08548 Filed 4-21-23; 8:45 am]
BILLING CODE 4910-60-P
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</html>Indexed from Federal Register on April 24, 2023.
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