99-32274. Pipeline Safety: Gas and Hazardous Liquid Pipeline Repair  

  • [Federal Register Volume 64, Number 239 (Tuesday, December 14, 1999)]
    [Rules and Regulations]
    [Pages 69660-69665]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 99-32274]
    
    
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    DEPARTMENT OF TRANSPORTATION
    
    Research and Special Programs Administration
    
    49 CFR Parts 192 and 195
    
    [Docket No. RSPA-98-4733; Amdt. 192-88; 195-68]
    RIN 2137-AD25
    
    
    Pipeline Safety: Gas and Hazardous Liquid Pipeline Repair
    
    AGENCY: Research and Special Programs Administration (RSPA), DOT.
    
    ACTION: Final rule.
    
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    SUMMARY: We are adopting a safety performance standard for the repair 
    of corroded or damaged steel pipe in gas or hazardous liquid pipelines. 
    Because present safety standards specify particular methods of repair, 
    operators must get approval from government regulators to use 
    innovative repair technologies. The performance standard is likely to 
    encourage technological innovations and reduce repair costs without 
    reducing safety.
    
    EFFECTIVE DATE: This final rule takes effect January 13, 2000.
    
    FOR FURTHER INFORMATION CONTACT: L. M. Furrow at (202) 366-4559 or 
    furrowl@rspa.dot.gov. You can read comments and other material in the 
    docket at this internet web address: http://dms.dot.gov. General 
    information about our pipeline safety program can be obtained at http:/
    /ops.dot.gov.
    
    SUPPLEMENTARY INFORMATION:
    
    Background
    
        Listed below are safety standards in 49 CFR part 192 for gas 
    transmission and distribution lines and 49 CFR part 195 for hazardous 
    liquid pipelines that specify methods of repairing corrosion and other 
    defects in metallic pipe.
    
    ------------------------------------------------------------------------
           Section               Pipe            Defect       Repair Method
    ------------------------------------------------------------------------
    Sec.  192.309(b).....  Certain steel    Dent of          Remove by
                            transmission     particular       cutting out
                            lines or mains.  characteristic.  length of pipe
    Sec.  192.485(a).....  Metallic         Large area of    Remove by
                            transmission     general          cutting out
                            lines.           corrosion does   length of
                                             not support      pipe, unless
                                             maximum          operating
                                             allowable        pressure is
                                             operating        reduced
                                             pressure
                                             (MAOP).
    Sec.  192.487(a).....  Metallic         Large area of    Remove by
                            distribution     general          cutting out
                            lines (except    corrosion does   length of pipe
                            cast or          not support
                            ductile iron).   MAOP or has
                                             more than 70%
                                             wall loss.
    Sec.  192.713........  High-stress      Imperfection or  Remove by
                            steel            damage impairs   cutting out
                            transmission     serviceability.  length of
                            lines..                           pipe, or
                                                              install full-
                                                              encirclement
                                                              split sleeve
    Sec.  192.717........  Steel            Leaking defect.  Remove by
                            transmission                      cutting out
                            lines.                            length of
                                                              pipe, install
                                                              full-
                                                              encirclement
                                                              welded split
                                                              sleeve, or
                                                              apply other
                                                              specified
                                                              repair methods
    Sec.  195.416(f).....  Steel pipeline.  Large area of    Replace with
                                             general          coated pipe,
                                             corrosion        unless
                                             reduces wall     operating
                                             thickness        pressure is
                                             below minimum    reduced
                                             in pipe
                                             specification.
    ------------------------------------------------------------------------
    
        Because these standards prescribe methods of repair rather than 
    what the repair should accomplish, the standards lack flexibility. They 
    do not allow operators to use new or more innovative repair 
    technologies. They also discourage operators from developing new repair 
    methods that may be more economical. In contrast, under less
    
    [[Page 69661]]
    
    restrictive standards in Parts 192 and 195, operators may and do use 
    methods besides pipe replacement and split sleeves, such as composite 
    pipe wraps, grinding, hot tapping, and weld deposition, to repair 
    corroded or damaged pipe. For example, a gouge that impairs the 
    serviceability of a steel gas transmission line not covered by 
    Sec. 192.713 may be repaired under Sec. 192.703(b) by any method that 
    returns the pipe to a safe condition.
        In recent years, we and a few state pipeline safety agencies waived 
    the requirements of Secs. 192.485(a) and 192.713 so operators could use 
    a new repair system called Clock Spring wrap to simplify 
    and reduce the average cost of repairs (60 FR 10630; February 27, 
    1995). This system, which consists of a fiberglass/polyester composite 
    material coiled with adhesive in layers over a filler, reinforces steel 
    pipe that has certain non-leaking defects. According to tests and 
    analyses done by the Gas Research Institute, when properly installed, 
    the system permanently restores the pressure containing capability of 
    the pipe (D.R. Stephens, Summary of Validation of Clock Spring for 
    Permanent Repair of Pipeline Corrosion Defects, GRI-98/0227, Gas 
    Research Institute, Chicago, Illinois, October 1998).
    
    Notice of Proposed Rulemaking
    
        Recognizing the need for flexibility in Secs. 192.309(b), 
    192.485(a), 192.487(a), 192.713, and 195.416(f), we published a notice 
    of proposed rulemaking (NPRM) to amend these rules to permit operators 
    to use repair methods that meet a performance standard (64 FR 16882; 
    April 7, 1999). The standard we proposed was that the repair method be 
    able to ``permanently restore the serviceability of the pipe,'' a 
    result comparable to that expected from replacing damaged pipe or 
    installing a full-encirclement split sleeve. We explained that such 
    restoration would be permanent if the repair were expected to last as 
    long as the pipe under normal operating and maintenance conditions.
        For assurance that a repair method indeed meets the performance 
    standard, we further proposed that the method must have undergone 
    ``reliable engineering tests and analyses.'' Although no guidelines for 
    these tests and analyses were proposed, we said ``the tests and 
    analyses need only be what a reasonable and prudent professional 
    engineer would consider adequate to demonstrate compliance with the 
    performance standard.''
        Besides the performance standard, we also proposed to drop the 
    priority that Secs. 192.713 and 192.717 give to pipe replacement 
    whenever it is feasible to take a damaged pipeline out of service. And 
    we proposed to terminate the requirement in these sections that 
    replacement pipe have ``similar or greater design strength'' than the 
    pipe being replaced. We think this requirement is overly conservative, 
    and the safety of replacement pipe is otherwise governed by the 
    material, design, construction, and testing requirements of Part 192.
    
    Discussion of Comments
    
        We received comments from the following sources in response to the 
    NPRM:
    
    Trade association: American Gas Association
    Interstate gas pipeline operators: Colorado Interstate Gas Company, CMS 
    Energy Corporation, Duke Energy Corporation, Enron Gas Pipeline Group, 
    Paiute Pipeline Company, and Southern Natural Gas Company
    Gas distribution operators: Southwest Gas Corporation and Consumers 
    Energy Company
    Manufacturer: Clock Spring Company, L.P.
    Engineering firm: Stress Engineering Services, Inc.
    Engineering consultant: Foy Milton, PE
    
        Of the 12 commenters, four (Consumers Energy Company, Paiute 
    Pipeline Company, Southern Natural Gas Company, and Southwest Gas 
    Corporation) supported the proposed rules without change; one (Foy 
    Milton) opposed use of a performance standard for pipe repairs; one 
    (American Gas Association) supported the proposals but suggested a 
    minor editorial change, which is included in final Sec. 192.717; and 
    the remaining six commenters favored the proposals in general but 
    suggested substantive changes. Our disposition of the lone opposing 
    comment and those comments suggesting substantive changes is discussed 
    under the following headings.
    
    Specification vs. Performance
    
        Asserting advantages of the existing specification-type standards 
    (uniformity of application, ease of understanding, voluntary standards 
    committee backing, and disallowance of unacceptable repair methods), 
    Foy Milton urged us not to go forward with the proposed rule changes. 
    While we agree that specification-type standards may be appropriate in 
    some instances, they are not the standards of choice for mechanisms 
    undergoing advancements in technology. Specification-type standards 
    deny operators the flexibility to choose the most cost-effective 
    technology to do a particular job, in this case repairing corroded or 
    other damaged pipe. They also create a disincentive for operators to 
    invest in the development of new technology. Moreover, properly crafted 
    performance standards can bar the use of unacceptable technology. 
    Therefore, we did not adopt this commenter's suggestion.
    
    Clarity of Proposal
    
        As discussed above, we proposed to widen operators' choices of 
    repair methods by allowing pipe to be ``repaired by a method that can 
    permanently restore the serviceability of the pipe, as shown by 
    reliable engineering tests and analyses.'' The Colorado Interstate Gas 
    Company thought this wording could be misinterpreted to require tests 
    and analyses of completed repairs. This commenter suggested we use the 
    following alternative wording to emphasize that the repair method is to 
    be tested and analyzed: ``* * * using a method qualified by reliable 
    engineering tests and analyses, each repair must permanently restore 
    the serviceability of the pipe.''
        After considering the matter, we think the syntax of the proposed 
    requirement for tests and analyses could possibly cause the requirement 
    to be misconstrued to apply to completed repairs rather than repair 
    methods. Therefore, in the final rules, we revised the wording of the 
    proposal as follows to better indicate the purpose of the tests and 
    analyses: ``repaired by a method that reliable engineering tests and 
    analyses show can permanently restore the serviceability of the pipe.'' 
    We did not adopt the commenter's suggested rewrite because we believe 
    it would, perhaps inadvertently, regulate completed repairs in addition 
    to repair methods, a result not intended by the proposal.
    
    Test Criteria
    
        The Clock Spring Company was concerned that operators' freedom of 
    interpretation under the proposed rules might threaten the integrity of 
    repairs made by non-traditional methods. This commenter suggested we 
    augment the proposal by including minimum test criteria, such as long 
    term strength, environmental compatibility, and dynamic forces, and 
    require that testing be consistent with ASTM D2992-96, Standard 
    Practice for Obtaining Hydrostatic or Pressure Design Basis for 
    ``Fiberglass'' (Glass-Fiber-Reinforced Thermosetting-Resin) Pipe and 
    Fittings. Alternatively, the company
    
    [[Page 69662]]
    
    recommended that we devise testing criteria based on the years of 
    engineering experience in developing Clock Spring wrap. Similarly, 
    Stress Engineering Services, Inc., a participant in proving the 
    integrity of two composite repair methods, Clock Spring wrap and Armor 
    Plate Pipe Wrap, thought guidelines for testing new composite repair 
    methods were needed to properly assess critical technical issues. 
    Enclosed with this comment was a set of 15 guidelines for testing 
    composite materials.
        In sharp contrast, the Enron Gas Pipeline Group said the proposed 
    testing and analyses requirement is unnecessary. As support for this 
    position, Enron cited performance standards, such as Sec. 195.422, as 
    having satisfactorily controlled safety problems without requiring 
    tests and analyses to demonstrate compliance. Enron also contended that 
    performance standards implicitly require operators to prove that 
    methods used to achieve compliance will indeed do so, and that 
    requiring tests and analyses would hinder operators' freedom to use 
    innovative technologies.
        Our position, like the proposal, lies between these two different 
    views. We are not persuaded that the proposed testing requirement needs 
    strengthening. By and large, the pipeline industry's repair practices 
    have been very conservative and slow to incorporate non-traditional 
    methods. For example, the industry did not use Clock Spring or Armor 
    Plate until after ample hard evidence was produced to prove the lasting 
    integrity of pipe repaired by these methods. And the quality of these 
    repairs, a great many of which have been done without the need for a 
    waiver of Part 192 or 195 standards, is shown by the lack of reports of 
    incidents or near-incidents attributable to faulty repairs. We think 
    the industry is unlikely to take any less conservative approach to new 
    repair technologies that may become available for use in the future.
        At the same time, we still believe that a requirement for tests and 
    analyses is needed. Given that pipe replacement and full-encirclement 
    split sleeves are time-tested methods of pipe repair, a requirement for 
    reliable engineering tests and analyses will provide public confidence 
    in the safety of innovative methods intended as alternatives to these 
    time-tested methods. The lack of similar requirements elsewhere in the 
    regulations is not sufficient reason to drop a proposed requirement 
    intended to assure the integrity of innovative repair alternatives. 
    Enron did not explain why the proposed requirement, which is consistent 
    with current industry practices, would hinder future innovation. 
    Although we agree with Enron that without such a requirement operators 
    would still have to demonstrate the validity of their compliance 
    efforts, the nature of such demonstrations would be discretionary and 
    could have less probative value than reliable engineering tests and 
    analyses.
        Furthermore, a majority of commenters apparently support our 
    position. Except for Foy Milton, who advised us not to change the 
    existing rules, seven of the remaining eleven commenters supported the 
    proposed rules in general and expressed no specific opinion on the 
    proposed requirement for reliable engineering tests and analyses. Also, 
    as discussed below, our two pipeline safety advisory committees 
    approved the proposed rules without recommending any change to this 
    requirement.
        In the NPRM, we described the ``reliable engineering tests and 
    analyses'' that would be necessary to show that a particular repair 
    method will perform as required. We said the tests and analyses need 
    only be what a reasonable and prudent professional engineer would 
    consider adequate to demonstrate compliance with the performance 
    standard. We recognize that licensed professional engineers may differ 
    on what information is necessary to demonstrate the performance of 
    particular technologies in particular circumstances. But the experience 
    of Clock Spring and Armor Plate wraps can serve as a model in 
    determining the technical issues to resolve and the relevant 
    substantiating tests and analyses. We will look to this experience to 
    guide our inspections for compliance with the final rule. In this 
    regard, we would welcome opportunities to preview new pipeline repair 
    technologies in the development stage to avert possible compliance 
    issues later on when the technologies are marketed.
        With the growth of repair technology, we expect that voluntary 
    efforts will respond to any possible demand for uniform testing 
    criteria. As mentioned above, Stress Engineering has already moved in 
    this direction for certain composite wraps. And other firms and 
    organizations may develop additional criteria for different repair 
    techniques. Such criteria could be incorporated in voluntary standards, 
    such as ASME B31.4 or B31.8, or in publications such as GPTC/ANSI 
    Z380.1, Guide for Gas Transmission and Distribution Piping Systems. We 
    now use these documents as a guide to acceptable practices in judging 
    compliance with many performance standards in Parts 192 and 195.
    
    Repair by Replacement
    
        Duke Energy, CMS Energy, and Enron suggested that because pipe 
    replacement is one of several methods that could be used under proposed 
    Secs. 192.485(a), 192.487(a), and 192.713(a) to repair corroded or 
    damaged pipe, these rules would be clearer if they referred only to 
    repair rather than to both replacement and repair. Although the premise 
    of this comment is correct, the proposed rules distinguished 
    replacement from other methods of repair because throughout Parts 192 
    and 195 replacement is distinguished from other methods of repair. This 
    distinction is significant because pipe replacement triggers safety 
    requirements, such as those involving pipe design, construction, and 
    pressure testing, that do not apply to other methods of pipe repair. 
    Giving special emphasis to replacement in repair rules highlights the 
    need for replacement pipe to meet these additional safety requirements. 
    So we do not think the commenters' suggestion would necessarily 
    contribute to overall clarity.
    
    Corrosion Repairs
    
        Duke Energy, CMS Energy, and Enron suggested that including the 
    proposed performance standard under Secs. 192.485(a) and 192.487(a) was 
    redundant, because corrosion repairs would be subject to the same 
    standard under proposed Sec. 192.713(a). But this observation is only 
    partially correct, because Sec. 192.713(a) applies only to certain 
    high-stress steel transmission lines, while Secs. 192.485(a) and 
    192.487(a) apply to all metallic transmission or distribution lines. If 
    the proposed performance standard were not included under 
    Secs. 192.485(a) and 192.487(a), corrosion repairs on pipelines not 
    covered by Sec. 192.713(a) would not be subject to the proposed 
    standard. So we have left the proposed performance standard in final 
    Secs. 192.485(a) and 192.487(a).
    
    Leak Repairs
    
        Duke Energy, CMS Energy, and Enron further suggested that the 
    proposed performance standard under Sec. 192.713(a) for non-leaking 
    defects should apply to leaking defects as well. This change, they 
    said, would be consistent with the purpose of the rulemaking and allow 
    the removal of Sec. 192.717, which requires specific repair methods for 
    transmission line leaks.
        We did not propose to apply the proposed performance standard to 
    methods of repairing pipe leaks because
    
    [[Page 69663]]
    
    the impetus for this rulemaking, Clock Spring wrap, is not designed to 
    repair leaks. Still, as explained in the NPRM, the purpose of this 
    rulemaking is to make the pipe repair regulations more flexible so that 
    operators have incentives to innovate and greater freedom in selecting 
    repair methods. And, as the commenters indicated, achieving this goal 
    does not depend on whether the defect to be repaired is leaking nor on 
    the availability of a non-traditional leak repair method that qualifies 
    under the proposed performance standard. In fact, adopting the proposed 
    performance standard to authorize alternative leak repair methods is 
    likely to foster the development of new methods of leak repair. 
    Therefore, since the proposed performance standard is suitable for both 
    non-leaking and leaking defects and applying the standard to the repair 
    of leaking defects furthers the purpose of the NPRM, we have added the 
    proposed performance standard to Sec. 192.717 to cover the permanent 
    repair of leaks on transmission lines. As discussed below, our gas 
    pipeline safety advisory committee supported this action.
        Contrary to the commenters' suggestion, however, merely extending 
    Sec. 192.713 to cover leaking defects would not enable removal of 
    Sec. 192.717. Section 192.717 is broader in scope; it applies to all 
    steel transmission lines, not just those that come under Sec. 192.713.
    
    Reducing Operating Pressure
    
        Duke Energy, CMS Energy, and Enron asked that we amend Sec. 192.713 
    to state that operators may reduce the maximum allowable operating 
    pressure of defective pipe to a safe level instead of permanently 
    repairing the pipe. Section 192.485 allows this alternative on corroded 
    transmission line pipe where a safe operating pressure can be 
    calculated under accepted engineering guidelines based on the remaining 
    strength of the corroded pipe (e.g., ASME B31.G-1991). After the MAOP 
    is reduced to a safe level, the corrosion no longer impairs the 
    serviceability of the pipe, making the repair requirement of 
    Sec. 192.713 inapplicable. But we are not aware of comparable 
    engineering guidelines for determining the safe operating pressure of 
    steel pipe that has defects other than corrosion, such as scratches, 
    gouges, or dents. Although operators may reduce operating pressure as a 
    temporary protective measure under Sec. 192.711, in the absence of such 
    guidelines, there is no accepted way to judge what amount of pressure 
    reduction will restore the serviceability of the defective pipe and 
    make removal or repair unnecessary. Therefore, we have not included the 
    suggested amendment in final Sec. 192.713.
        Both the existing and proposed Sec. 192.713 call for a reduction in 
    operating pressure to a safe level during repairs. But Duke Energy, CMS 
    Energy, and Enron pointed out that such a reduction is unnecessary if 
    the operating pressure is already at a level safe for repairs. These 
    commenters suggested that the rule merely provide that the operating 
    pressure be at a safe level during repairs. We believe this 
    interpretation is a reasonable application of the current rule, so we 
    have included the suggested change in the final rule.
    
    Dents Found During Construction
    
        Existing Sec. 192.309(b) requires removal of unsafe dents found 
    during the construction of certain transmission lines and mains. We 
    proposed to allow operators to repair these dents with methods that 
    qualify under the performance standard discussed above. But Enron said 
    the existing, more restrictive requirement is appropriate for pipeline 
    construction and saw no need for change. Alone among the commenters, it 
    said the existing removal requirement is reasonable because, during 
    construction, the dented pipe is accessible and not yet in service, and 
    machinery and labor are on site or readily available. We are not swayed 
    by this reasoning, however. Although we agree the burden of removal may 
    be lessened somewhat by the circumstances of construction, we find it 
    more reasonable to adopt a regulation that permits remedial options 
    that can provide equivalent safety at possibly less cost. Final 
    Sec. 192.309(b) is, therefore, adopted as proposed.
    
    Advisory Committee Consideration
    
        We presented the NPRM for consideration by the Technical Pipeline 
    Safety Standards Committee (TPSSC) and the Technical Hazardous Liquid 
    Pipeline Safety Standards Committee (THLPSSC) at a meeting in 
    Washington, DC on May 4, 1999. The TPSSC is RSPA's statutory advisory 
    committee for gas pipeline safety and the THLPSSC is RSPA's statutory 
    advisory committee for hazardous liquid pipeline safety. Each committee 
    has 15 members, representing industry, government, and the public, who 
    are qualified to consider the technical feasibility, reasonableness, 
    cost-effectiveness, and practicability of proposed pipeline safety 
    standards. Both committees voted unanimously to approve the proposed 
    rules and to approve the associated risk assessment information 
    contained in the Regulatory Evaluation, which is discussed below. A 
    transcript and report of each committee's consideration of the NPRM is 
    available in the docket.
        During the May 4th meeting, one advisory committee member 
    questioned the appropriateness of the term ``generally corroded'' in 
    the first sentence of Sec. 195.416(f). This sentence reads: ``Any pipe 
    that is found to be generally corroded so that the remaining wall 
    thickness is less than the minimum thickness required by the pipe 
    specification tolerances must be replaced with coated pipe that meets 
    the requirements of this part.'' The member suggested that revising 
    this requirement to refer to pipe that has ``general corrosion'' would 
    clarify the meaning. In considering this suggestion, we found that the 
    terms ``generally corroded'' and ``general corrosion'' are used in 
    Secs. 192.485(a), 192.487(a), 195.416(f), and 195.418(d) to refer to 
    areas of corrosion other than corrosion pitting. Indeed, the two terms 
    are used interchangeably in Sec. 192.487(a). Given the common intended 
    meaning of both terms, which our experience indicates is universally 
    understood and applied in the pipeline industry, and the lack of any 
    compliance difficulty caused by the term ``generally corroded,'' we 
    decided not to adopt the member's suggested change to Sec. 195.416(f).
        As discussed above under Leak Repairs, Duke Energy, CMS Energy, and 
    Enron suggested that the proposed performance standard is suitable for 
    leaking as well as non-leaking defects. To help us assess this comment, 
    at the November 4, 1999, TPSSC meeting in Washington, DC, we asked the 
    TPSSC for advice on whether we should add the performance standard to 
    Sec. 192.717, which prescribes repair methods for leaks on gas 
    transmission lines. The TPSSC voted, with one abstention, to support 
    including the performance standard in Sec. 192.717. A transcript and 
    report of the TPSSC's consideration of this matter is available in the 
    docket.
    
    Regulatory Analyses and Notices
    
    A. Executive Order 12866 and DOT Regulatory Policies and Procedures
    
        DOT does not consider this rulemaking to be a significant 
    regulatory action under Section 3(f) of Executive Order 12866 (58 FR 
    51735; October 4, 1993), and the Office of Management and Budget (OMB) 
    has not reviewed this rulemaking document. Also, DOT does not consider 
    this rulemaking significant under its regulatory policies and 
    procedures (44 FR 11034; February 26, 1979).
    
    [[Page 69664]]
    
        The final rules provide operators flexibility to choose the most 
    cost-effective method of repairing pipe, while maintaining public 
    safety. Thus, the rules will not add costs to industry, government, or 
    the public. In fact, the rules should reduce operators' costs of 
    transporting oil and gas, and perhaps the price consumers pay for these 
    products. In comments on a proposed waiver to the Panhandle Eastern 
    Corporation (58 FR 13823; March 15, 1993), the American Gas Association 
    estimated that industry could save $6.5 million a year by using 
    composite wrap to repair corroded or damaged pipe. Although part of the 
    gas pipeline industry is already realizing these savings because of the 
    Panhandle and other waivers, the final rules will create a similar 
    opportunity for savings by the entire oil and gas pipeline industry. 
    And still more savings could possibly result from the use of innovative 
    technologies not covered by the waivers. In fact, this rulemaking 
    fosters the use and development of new repair technologies without 
    additional cost to the regulated industry. A Final Regulatory 
    Evaluation document is available for review in the docket.
    
    B. Regulatory Flexibility Act
    
        This rulemaking will not impose additional requirements on pipeline 
    operators, including small entities that operate regulated pipelines. 
    Rather, the rules offer operators the opportunity to use more 
    economical methods of repairing corroded or damaged pipe. Thus, this 
    rulemaking may reduce costs to operators, including small entities. 
    Based on the facts available about the expected impact of this 
    rulemaking, I certify, under section 605 of the Regulatory Flexibility 
    Act (5 U.S.C. 605), that this rulemaking will not have a significant 
    economic impact on a substantial number of small entities.
    
    C. Executive Order 12612
    
        This rulemaking will not have substantial direct effects on states, 
    on the relationship between the Federal Government and the states, or 
    on the distribution of power and responsibilities among the various 
    levels of government. Therefore, in accordance with Executive Order 
    12612 (52 FR 41685; October 30, 1987), RSPA has determined that the 
    final rules do not have sufficient federalism implications to warrant 
    preparation of a Federalism Assessment.
    
    D. Executive Order 13084
    
        The final rules have been analyzed in accordance with the 
    principles and criteria contained in Executive Order 13084, 
    ``Consultation and Coordination with Indian Tribal Governments.'' 
    Because the rules will not significantly or uniquely affect Indian 
    tribal governments, the funding and consultation requirements of 
    Executive Order 13084 do not apply.
    
    E. Paperwork Reduction Act of 1995
    
        This rulemaking contains no information collection that is subject 
    to review by OMB under the Paperwork Reduction Act of 1995.
    
    F. Unfunded Mandates Reform Act of 1995
    
        This rulemaking will not impose unfunded mandates under the 
    Unfunded Mandates Reform Act of 1995. It will not result in costs of 
    $100 million or more to either state, local, or tribal governments, in 
    the aggregate, or to the private sector, and is the least burdensome 
    alternative that achieves the objective of the rulemaking.
    
    G. National Environmental Policy Act
    
        We have analyzed the final rules for purposes of the National 
    Environmental Policy Act (42 U.S.C. 4321 et seq.). We prepared an 
    Environmental Assessment (64 FR 16884; April 7, 1999) in which we 
    concluded that the proposed action would not significantly affect the 
    human environment because alternative repair methods would have to be 
    as reliable as those the pipeline safety regulations currently allow. 
    Thus any alternative method would provide the same level of pipe 
    protection that the current repair methods provide. Based on this 
    Environmental Assessment and no receipt of information showing 
    otherwise, we have prepared a Finding of No Significant Impact (FONSI). 
    This FONSI has been made part of the docket.
    
    H. Impact on Business Processes and Computer Systems
    
        Many computers that use two digits to keep track of dates will, on 
    January 1, 2000, recognize ``double zero'' not as 2000 but as 1900. 
    This glitch, the Year 2000 Problem, could cause computers to stop 
    running or to start generating erroneous data. The Year 2000 problem 
    poses a threat to the global economy in which Americans live and work. 
    With the help of the President's Council on Year 2000 Conversion, 
    federal agencies are reaching out to increase awareness of the problem 
    and to offer support. We do not want to impose new requirements that 
    would mandate business process changes when the resources necessary to 
    implement those requirements would otherwise be applied to the Year 
    2000 Problem.
        This rulemaking does not require business process changes or 
    require modifications to computer systems. Because this rulemaking does 
    not affect the ability of organizations to respond to the Year 2000 
    problem, we have not delayed the effectiveness of the final rules.
    
    List of Subjects
    
    49 CFR Part 192
    
        Natural gas, Pipeline safety, Reporting and recordkeeping 
    requirements.
    
    49 CFR Part 195
    
        Ammonia, Carbon dioxide, Petroleum, Pipeline safety, Reporting and 
    recordkeeping requirements.
    
        In consideration of the foregoing, 49 CFR parts 192 and 195 are 
    amended as follows:
    
    PART 192--[AMENDED]
    
        1. The authority citation for part 192 continues to read as 
    follows:
    
        Authority: 49 U.S.C. 5103, 60102, 60104, 60108, 60109, 60110, 
    60113, and 60118; and 49 CFR 1.53.
    
        2. In Sec. 192.309, paragraph (b) introductory text is revised to 
    read as follows:
    
    
    Sec. 192.309  Repair of steel pipe.
    
    * * * * *
        (b) Each of the following dents must be removed from steel pipe to 
    be operated at a pressure that produces a hoop stress of 20 percent, or 
    more, of SMYS, unless the dent is repaired by a method that reliable 
    engineering tests and analyses show can permanently restore the 
    serviceability of the pipe:
    * * * * *
        3. Section 192.485(a) is revised to read as follows:
    
    
    Sec. 192.485  Remedial measures: Transmission lines.
    
        (a) General corrosion. Each segment of transmission line with 
    general corrosion and with a remaining wall thickness less than that 
    required for the MAOP of the pipeline must be replaced or the operating 
    pressure reduced commensurate with the strength of the pipe based on 
    actual remaining wall thickness. However, corroded pipe may be repaired 
    by a method that reliable engineering tests and analyses show can 
    permanently restore the serviceability of the pipe. Corrosion pitting 
    so closely grouped as to affect the overall strength of the pipe is 
    considered general corrosion for the purpose of this paragraph.
    * * * * *
        4. Section 192.487(a) is revised to read as follows:
    
    [[Page 69665]]
    
    Sec. 192.487  Remedial measures: Distribution lines other than cast 
    iron or ductile iron lines.
    
        (a) General corrosion. Except for cast iron or ductile iron pipe, 
    each segment of generally corroded distribution line pipe with a 
    remaining wall thickness less than that required for the MAOP of the 
    pipeline, or a remaining wall thickness less than 30 percent of the 
    nominal wall thickness, must be replaced. However, corroded pipe may be 
    repaired by a method that reliable engineering tests and analyses show 
    can permanently restore the serviceability of the pipe. Corrosion 
    pitting so closely grouped as to affect the overall strength of the 
    pipe is considered general corrosion for the purpose of this paragraph.
    * * * * *
    
    
    Sec. 192.711  [Amended]
    
        5. In Sec. 192.711(b), remove ``Sec. 192.717(a)(3)'' and add 
    ``Sec. 192.717(b)(3)'' in its place.
        6. Section 192.713 is revised to read as follows:
    
    
    Sec. 192.713  Transmission lines: Permanent field repair of 
    imperfections and damages.
    
        (a) Each imperfection or damage that impairs the serviceability of 
    pipe in a steel transmission line operating at or above 40 percent of 
    SMYS must be--
        (1) Removed by cutting out and replacing a cylindrical piece of 
    pipe; or
        (2) Repaired by a method that reliable engineering tests and 
    analyses show can permanently restore the serviceability of the pipe.
        (b) Operating pressure must be at a safe level during repair 
    operations.
        7. Section 192.717 is revised to read as follows:
    
    
    Sec. 192.717  Transmission lines: Permanent field repair of leaks.
    
        Each permanent field repair of a leak on a transmission line must 
    be made by--
        (a) Removing the leak by cutting out and replacing a cylindrical 
    piece of pipe; or
        (b) Repairing the leak by one of the following methods:
        (1) Install a full encirclement welded split sleeve of appropriate 
    design, unless the transmission line is joined by mechanical couplings 
    and operates at less than 40 percent of SMYS.
        (2) If the leak is due to a corrosion pit, install a properly 
    designed bolt-on-leak clamp.
        (3) If the leak is due to a corrosion pit and on pipe of not more 
    than 40,000 psi (267 Mpa) SMYS, fillet weld over the pitted area a 
    steel plate patch with rounded corners, of the same or greater 
    thickness than the pipe, and not more than one-half of the diameter of 
    the pipe in size.
        (4) If the leak is on a submerged offshore pipeline or submerged 
    pipeline in inland navigable waters, mechanically apply a full 
    encirclement split sleeve of appropriate design.
        (5) Apply a method that reliable engineering tests and analyses 
    show can permanently restore the serviceability of the pipe.
    
    PART 195--[AMENDED]
    
        8. The authority citation for part 195 continues to read as 
    follows:
    
        Authority: 49 U.S.C. 5103, 60102, 60104, 60108, 60109, 60118; 
    and 49 CFR 1.53.
    
        9. Section 195.416(f) is revised to read as follows:
    
    
    Sec. 195.416  External corrosion control.
    
    * * * * *
        (f) Any pipe that is found to be generally corroded so that the 
    remaining wall thickness is less than the minimum thickness required by 
    the pipe specification tolerances must be replaced with coated pipe 
    that meets the requirements of this part. However, generally corroded 
    pipe need not be replaced if--
        (1) The operating pressure is reduced to be commensurate with the 
    limits on operating pressure specified in this subpart, based on the 
    actual remaining wall thickness; or
        (2) The pipe is repaired by a method that reliable engineering 
    tests and analyses show can permanently restore the serviceability of 
    the pipe.
    * * * * *
        Issued in Washington, DC on December 8, 1999.
    Kelley S. Coyner,
    Administrator.
    [FR Doc. 99-32274 Filed 12-13-99; 8:45 am]
    BILLING CODE 4910-60-P
    
    
    

Document Information

Effective Date:
1/13/2000
Published:
12/14/1999
Department:
Research and Special Programs Administration
Entry Type:
Rule
Action:
Final rule.
Document Number:
99-32274
Dates:
This final rule takes effect January 13, 2000.
Pages:
69660-69665 (6 pages)
Docket Numbers:
Docket No. RSPA-98-4733, Amdt. 192-88, 195-68
RINs:
2137-AD25: Pipeline Safety: Gas and Hazardous Liquid Pipeline Repair
RIN Links:
https://www.federalregister.gov/regulations/2137-AD25/pipeline-safety-gas-and-hazardous-liquid-pipeline-repair
PDF File:
99-32274.pdf
CFR: (7)
49 CFR 192.309
49 CFR 192.485
49 CFR 192.487
49 CFR 192.711
49 CFR 192.713
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