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DEPARTMENT OF TRANS- typographical errors; incorrect CFR ber 17, 2008” with “December 22, PORTATION references and citations; and clari- 2008”; fying certain regulatory require- (b) In footnote 1 of paragraph Pipeline and Hazardous Materi- ments. Because these amendments (a)(2)(ii), we are replacing the als Safety Administration do not impose new requirements, phrase “November 17, 2008” with notice and public comment proce- “December 22, 2008” 49 CFR Parts 190, 192, 195 and dures are unnecessary. (c) In paragraph (b)(3), we are 198 adding a reference to §192.620(d) II. Amendments Included in This (3) to clarify the intent with respect [Docket No. PHMSA-2009-0265; Final Rule to remotely operable valves; Amdt Nos. 190-15; 192-111; 195- (d) In paragraph (b)(7) we are 92, 198-5)] A. In 49 CFR 190.3, which replacing the phrase “November RIN 2137-AE51 contains definitions, we are now 17, 2008” with “December 22, updating the location of the Eastern 2008”; Pipeline Safety: Editorial Regional Office to reflect a recent (e) In paragraph (c)(4)(ii) we Amendments to the Pipeline location change. are replacing the phrase “Novem- Safety Regulations. 1. In §190.3, under the defini- ber 17, 2008” with “December 22, tion of “Regional Director” we are 2008”; AGENCY: Pipeline and Haz- correcting the Eastern Regional (f) In paragraph (c)(6), we are ardous Materials Safety Adminis- Office location by replacing the lo- clarifying that the construction re- tration (PHMSA), Department of cation “Washington, DC” with quirements only apply to construc- Transportation (DOT). “Trenton, NJ.” tion that occurred after the effec- B. On October 17, 2008, tive date of this rule, December 22, ACTION: Final rule. PHMSA issued a final rule, under 2008; Docket No. PHMSA-2005-23447, (g) In paragraph (d)(3)(i), we that amended the Pipeline Safety are correcting the reference from SUMMARY: This final rule cor- Regulations (49 CFR Parts 186- “(d)(1)(i)” to “(d)(2)(i)”; rects editorial errors, makes minor 199) to prescribe safety require- (h) In paragraph (d)(5)(iv), we changes in the regulatory text, re- ments for the operation of certain are clarifying the language to note flects changes in governing laws, gas transmission pipelines at pres- that sampling of accumulated liq- and improves the clarity of certain sures based on higher operating uids is required whenever cleaning provisions in the pipeline safety stress levels. The rule allowed for pigs are used and corrosion in- regulations. This rule is intended to an increase of maximum allowable hibitors are required if corrosive enhance the accuracy and reduce operating pressure (MAOP) over gas or liquids are present; misunderstandings of the specified that previously allowed in the regu- (i) In paragraph (d)(7)(iii), we regulations. The amendments con- lations for pipelines that could are correcting the reference to tained in this rule are non-substan- meet certain criteria. On December “paragraph (8)” to “(d)(9)” and the tive changes. 1, 2008, PHMSA stayed the effec- reference from “(6)(i)” to “(d)(7) tive date of this final rule until De- (i)”; DATES: Effective date: The effec- cember 22, 2008 (73 FR 72737). (j) In paragraph (d)(7)(iv)(C), tive date of this final rule is Janu- We are now correcting several we are correcting the reference ary 29, 2010. editorial errors that we discovered from “(d)(8)” and “(d)(9)” to “(d) after this final rule was published. (9)” and “(d)(10)”; FOR FURTHER Specifically: (k) In paragraph (d)(8)(ii), we INFORMATION CONTACT: 2. In §192.112, we are correct- are clarifying that a close interval Dana Register at (202) 366-4046. ing paragraph (c)(2)(i) by replacing survey must be used to confirm the phrase “[the effective date of restoration of cathodic protection SUPPLEMENTARY the final rule]” with “December 22, unless the problem is a rectifier INFORMATION: 2008.” connection or power input remedia- 3. In §192.112, we are correct- tion that can be verified by other I. Background ing paragraph (e)(2) by replacing means. the phrase “November 17, 2008” (l) In the introductory text of PHMSA regularly reviews the with “December 22, 2008.” (d)(9)(i), we are correcting the ref- Pipeline Safety Regulations (49 4. In §192.620, we are correct- erence from “(d)(8)(iii)” to “(d)(9) CFR Parts 186-199) to identify ty- ing the following paragraphs: (iii)”; pographical errors, outdated con- (a) In paragraph (a)(1)(i), we (m) In paragraph (d)(9)(ii), we tact information, or similar errors. are replacing the phrase “Novem- are correcting the reference from In this final rule, we are correcting “(d)(8)(iii)” to “(d)(9)(iii)”;

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(n) In paragraph (d)(10)(ii), we amount for such grants from 50 therefore, the consultation and are correcting the reference from percent to 80 percent of the costs funding requirements of Executive “(d)(9)(i)” to “(d)(10)(i)”; incurred by states for their safety Order 13132 do not apply. (o) In paragraph (d)(10)(iii), programs. Accordingly, PHMSA is we are correcting the reference modifying 49 CFR 198.11, which D. Executive Order 13175 from “(d)(8)(iii)” to “(d)(9)(iii)”; implements this statutory mandate, (p) In paragraph (d)(11)(ii)(A), to reflect the increase in the al- This final rule has been ana- we are correcting the reference lowed maximum amount for lyzed in accordance with the prin- from “(d)(8)” to “(d)(9)”; grants. ciples and criteria contained in Ex- (q) In the introductory text of ecutive order 13175 (“Consultation (d)(11)(iii), we are correcting the III. Regulatory Analyses and No- and Coordination with Indian Trib- reference from “(d)(10)(ii)” to “(d) tices al Governments”). Because this fi- (11)(ii)”; and nal rule will not have tribal impli- (r) In paragraph (d)(11)(iv), we A. Statutory Authority for Rule- cations, does not impose substan- are correcting the reference from making tial direct compliance costs on In- “(d)(10)(ii) or (iii)” to “(d)(11)(ii) dian tribal governments, and does or (iii).” This final rule is published un- not preempt tribal law, the funding C. On December 24, 2008, der the authority of 49 U.S.C. and consultation requirements of PHMSA issued a final rule under 60101 et seq. Specifically, 49 Executive Order 13175 do not ap- Docket No. PHMSA-2005-21305, U.S.C. 60102(a) authorizes the ply. A tribal summary impact state- that amended the pipeline safety Secretary of Transportation to pre- ment is not required. regulations to allow operators to scribe regulations related to pipe- design pipelines made from new line safety. E. Regulatory Flexibility Act, Ex- Polyamide-11 (PA-11) thermoplas- ecutive Order 13272, and DOT tic pipe using a higher design factor B. Executive Order 12866 (Amend- Procedures and Policies and to raise the design pressure ed by E.O. 13258 and E.O. 13422) limit for such pipelines. PHMSA and DOT Regulatory Policies and The Regulatory Flexibility Act believes that the current wording in Procedures of 1980 (5 U.S.C. 601 et seq.) re- 49 CFR 192.121 could be incor- quires an agency to review regula- rectly interpreted to mean that the This final rule is not a signifi- tions to assess their impact on 0.40 design factor is not limited cant action under section 3(f) of small entities unless the agency de- only to PA-11 pipe. Therefore, Executive Order 12866 and there- termines that a rule is not expected PHMSA has concluded that the fore was not reviewed by the to have a significant impact on a formula should be clarified so that Office of Management and Budget. substantial number of small enti- the 0.40 design factor only applies This final rule is also not a signifi- ties. This final rule will not impose to PA-11. Therefore, we are mak- cant action under the Regulatory increased compliance costs on the ing the following clarification: Policies and Procedures of the De- regulated industry. The revisions partment of Transportation (44 FR and corrections we are making to “= 0.40 for PA-11 pipe pro- 11034). the October 17, 2008, and Decem- duced after January 23, 2009 with a ber 24, 2008, final rules (Docket nominal pipe size (IPS or CTS) 4- C. Executive Order 13132, Feder- Nos. PHMSA-2005-23447 and inch or less, SDR-11 or greater (i.e. alism (64 FR 43255, Aug. 10, PHMSA-2005-21305) are clerical thicker pipe wall).” 1999) and do not impose an additional impact on any small business. The D. In section 195.12, we are PHMSA has analyzed the rule- changes we are making to Part 198 redesignating paragraph (d), enti- making according to the principles affect grant amounts awarded to tled Record Retention, as para- and criteria of Executive Order states. Thus, DOT has determined graph (e). 13132. The final rule makes edito- that this final rule will not have a E. The laws governing pipeline rial corrections and therefore will significant impact on a substantial safety regulation provide the au- not have a substantial direct effect number of small entities. There- thority for PHMSA to issue grants on the States, the relationship be- fore, I certify under section 605 of to states to carry out pipeline safety tween the national government and the Regulatory Flexibility Act that programs under certification or the States, or the distribution of this rule will not have a significant agreement. The Pipeline Inspec- power and responsibilities among economic impact on a substantial tion, Protection, Enforcement, and the various levels of government. number of small entities. Safety Act of 2006 (Pub. L. 109- The rule does not impose substan- This final rule has been devel- 468) modified 49 U.S.C. 60107 to tial direct compliance costs on oped in accordance with Executive increase the maximum allowed State or local governments and Order 13272 (“Proper Considera-

Federal Register / Vol. 74, No. 228 / Monday, November 30, 2009 Pages 62503 - 62506 2/6 192-111 192-111 tion of Small Entities in Agency J. Privacy Act Grant programs, Formula, Rulemaking”) and DOT's proce- Pipeline safety. dures and policies to ensure that the Anyone is able to search the potential impacts of rulemakings electronic form of all comments re- ■ In consideration of the foregoing, on small entities are properly con- ceived into any of our dockets by PHMSA amends 49 CFR parts 190, sidered. the name of the individual submit- 192, 195 and 198 as follows: ting the comment (or signing the F. Unfunded Mandates Reform Act comment, if submitted on behalf of PART 190--PIPELINE SAFETY of 1995 an association, business, labor PROGRAMS AND union, etc.). You may review RULEMAKING PROCEDURES This rule does not impose un- DOT's complete Privacy Act State- funded mandates under the Un- ment in the Federal Register pub- ■ 1. The authority citation for part funded Mandates Reform Act of lished on April 11, 2000 (Volume 190 continues to read as follows: 1995 (2 U.S.C. Ch. 25). It does not 65, Number 70; Pages 19477-78) result in costs of $132 million or or you may visit http://www.regu- Authority: 33 U.S.C. 1321; more in any one year to either lations.gov. 49 U.S.C. 5101-5127, 60101 et State, local, or tribal governments, seq.; 49 CFR 1.53. in the aggregate, or to the private K. The National Environmental sector, and is the least burdensome Policy Act ■ 2. In §190.3, the definition of alternative that achieves the objec- “Regional Director” is revised to tive of the rulemaking. The National Environmental read as follows: Policy Act (42 U.S.C. Ch. 55) re- G. Paperwork Reduction Act quires that Federal agencies ana- lyze proposed actions to determine §190.3 Definitions. This final rule imposes no new whether the action will have a sig- information collection and record- nificant impact on the human envi- * * * * * keeping requirements and therefore ronment. PHMSA has analyzed the Regional Director means the the Paperwork Reduction Act (44 effects of this final rule. Since this head of any one of the Regional U.S.C. 3501 et seq.) does not ap- rule makes editorial corrections and Offices of the Office of Pipeline ply. does not impose substantive Safety, or a designee appointed by changes, PHMSA has determined the Regional Director. Regional H. Executive Order 13211 that there are no environmental im- Offices are located in Trenton, NJ pacts associated with this final rule. (Eastern Region); Atlanta, Georgia This rulemaking is not a “sig- (Southern Region); Kansas City, nificant energy action” under Exec- List of Subjects Missouri (Central Region); Hous- utive Order 13211 since it is not a ton, Texas (Southwest Region); “significant regulatory action” un- 49 CFR Part 190 and Lakewood, Colorado (Western der Executive Order 12866, and it Region). is not likely to have a significant Administrative practices and * * * * * adverse effect on the supply, distri- procedures, Definitions, Penalties. bution, or use of energy. PART 192-- 49 CFR Part 192 TRANSPORTATION OF I. Regulation Identifier Number NATURAL AND OTHER GAS (RIN) Design pressure, Incorporation BY PIPELINE: MINIMUM by reference, Maximum allowable FEDERAL SAFETY A regulation identifier number operating pressure, and Pipeline STANDARDS (RIN) is assigned to each regulato- safety. ry action listed in the Unified ■ 3. The authority citation for part Agenda of Federal Regulations. 49 CFR Part 195 192 is revised to read as follows: The Regulatory Information Ser- vice Center publishes the Unified Anhydrous ammonia, Carbon Authority: 49 U.S.C. 5103, Agenda in April and October of dioxide, Incorporation by refer- 60102, 60104, 60108, 60109, each year. The RIN number con- ence, Petroleum, Pipeline safety, 60110, 60113, 60116, 60118; and tained in the heading of this docu- Reporting and recordkeeping re- 60137; and 49 CFR 1.53. ment can be used to cross-reference quirements. this action with the Unified Agen- ■ 4. In §192.112, paragraphs (c)(2) da. 49 CFR Part 198 (i) and (e)(2) are revised to read as follows:

140[deg] F (60[deg] C). In the ab- in those paragraphs: §192.111(b)- sence of an HDB established at the 0.67 or less; 192.111(c) and (d)- §192.112 Additional design specified temperature, the HDB of 0.56 or less. requirements for steel pipe using a higher temperature may be used * * * * * alternative maximum allowable in determining a design pressure (2) * * * operating pressure. rating at the specified temperature (ii) The pressure obtained by by arithmetic interpolation using dividing the pressure to which the (c) * * * the procedure in Part D.2 of PPI pipeline segment was tested after (2) * * * TR-3/2004, HDB/PDB/SDB/MRS construction by a factor determined (i) An ultrasonic test of the Policies (incorporated by reference, in the following table: ends and at least 35 percent of the see §192.7). For reinforced ther- surface of the plate/coil or pipe to mosetting plastic pipe, 11,000 psig Class location Alternative test identify imperfections that impair (75,842 kPa). [Note: Arithmetic in- factor serviceability such as laminations, terpolation is not allowed for PA- 1 1.25 cracks, and inclusions. At least 95 11 pipe.] 2 1 1.50 percent of the lengths of pipe man- 3 1.50 ufactured must be tested. For all t = Specified wall thickness, inches 1 For Class 2 alternative maximum pipelines designed after December (mm). allowable operating pressure seg- 22, 2008, the test must be done in D = Specified outside diameter, ments installed prior to December accordance with ASTM inches (mm). 22, 2008 the alternative test factor A578/A578M Level B, or API 5L SDR = Standard dimension ratio, is 1.25. Paragraph 7.8.10 (incorporated by the ratio of the average specified (b) * * * reference, see §192.7) or equivalent outside diameter to the minimum (3) A supervisory control and method, and either specified wall thickness, corre- data acquisition system provides * * * * * sponding to a value from a com- remote monitoring and control of (e) * * * mon numbering system that was the pipeline segment. The control (2) Pipe in operation prior to derived from the American Nation- provided must include monitoring December 22, 2008, must have al Standards Institute preferred of pressures and flows, monitoring been hydrostatically tested at the number series 10. compressor start-ups and shut- mill at a test pressure correspond- D F = 0.32 or downs, and remote closure of ing to a hoop stress of 90 percent = 0.40 for PA-11 pipe produced af- valves per paragraph (d)(3) of this SMYS for 10 seconds. ter January 23, 2009 with a nomi- section; * * * * * nal pipe size (IPS or CTS) 4-inch * * * * * or less, and a SDR of 11 or greater (7) At least 95 percent of girth ■ 5. Section 192.121 is revised to (i.e. thicker pipe wall). welds on a segment that was con- read as follows: structed prior to December 22, ■ 6. In §192.620, paragraphs (a)(1) 2008, must have been non- (i), (a)(2)(ii), (b)(3), (b)(7), (c)(4) destructively examined in accor- §192.121 Design of plastic pipe. (ii), (c)(6), (d)(3)(i), (d)(5)(iv), (d) dance with §192.243(b) and (c). (7)(iii), (d)(7)(iv)(C), (d)(8)(ii), the * * * * * Subject to the limitations of introductory text of (d)(9)(i), (d)(9) (c) * * * §192.123, the design pressure for (ii), (d)(10)(ii), (d)(10)(iii), (d)(11) (4) * * * plastic pipe is determined by either (ii)(A), the introductory text of (d) (ii) For a pipeline segment in of the following formulas: (11)(iii), and (d)(11)(iv), are re- existence prior to December 22, [GRAPHIC] [TIFF OMITTED] vised to read as follows: 2008, certify, under paragraph (c) TR30NO09.008 (2) of this section, that the strength test performed under §192.505 was §192.620 Alternative maximum conducted at test pressure calculat- Where: allowable operating pressure for ed under paragraph (a) of this sec- certain steel pipelines. tion, or conduct a new strength test P = Design pressure, gauge, psig in accordance with paragraph (c)(4) (kPa). (a) * * * (i) of this section. S = For thermoplastic pipe, the (1) * * * * * * * * HDB is determined in accordance (i) For facilities installed prior (6) If the performance of a with the listed specification at a to December 22, 2008, for which construction task associated with temperature equal to 73[deg] F §192.111(b), (c), or (d) applies, use implementing alternative MAOP (23[deg] C), 100[deg] F (38[deg] the following design factors as al- that occurs after December 22, C), 120[deg] F (49[deg] C), or ternatives for the factors specified

2008, can affect the integrity of the lowable operating pressure, per- PART 195--TRANSPORTA- pipeline segment, treat that task as form a baseline internal inspection TION OF HAZARDOUS LIQ- a “covered task”, notwithstanding of the entire pipeline segment as UIDS BY PIPELINE the definition in §192.801(b) and follows: implement the requirements of sub- * * * * * ■ 7. The authority citation for part part N as appropriate. (ii) Except as provided in para- 195 is amended to read as follows: * * * * * graph (d)(9)(iii) of this section, for (d) * * * an existing pipeline segment, per- Authority: 49 U.S.C. 5103, (3) * * * form a baseline internal assessment 60102, 60104, 60108, 60109, (i) Ensure that the identifica- using a geometry tool and a high 60116, 60118, and 60137; and 49 tion of high consequence areas re- resolution magnetic flux tool be- CFR 1.53. flects the larger potential impact fore, but within two years prior to, circle recalculated under paragraph raising pressure to the alternative (d)(2)(i) of this section. maximum allowable operating §195.12 [Amended] * * * * * pressure as allowed under this sec- (5) * * * tion. ■ 8. In section 195.12, the second * * * * * * * * * * paragraph designated as paragraph (iv) Use cleaning pigs and (10) * * * (d), “Record Retention” is redesig- sample accumulated liquids. Use * * * * * nated as paragraph (e). inhibitors when corrosive gas or (ii) Conduct periodic internal liquids are present. inspections using a high resolution PART 198--REGULATIONS * * * * * magnetic flux tool on the frequency FOR GRANTS TO AID STATE (7) determined under paragraph (d) PIPELINE SAFETY PRO- (iii) Within six months after (10)(i) of this section, or GRAMS completing the baseline internal in- (iii) Use direct assessment (per spection required under paragraph §192.925, §192.927 and/or ■ 9. The authority citation for Part (d)(9) of this section, integrate the §192.929) or pressure testing (per 198 continues to read as follows: results of the indirect assessment subpart J of this part) for periodic required under paragraph (d)(7)(i) assessment of a portion of a seg- Authority: 49 U.S.C. 60105, of this section with the results of ment to the extent permitted for a 60106, 60107, 60114, and 49 CFR the baseline internal inspection and baseline assessment under para- 1.53. take any needed remedial actions. graph (d)(9)(iii) of this section. (iv) * * * (11) * * * ■ 10. Section 198.11 is revised to * * * * * * * * * * read as follows: (C) Integrate the results with (ii) * * * those of the baseline and periodic (A) The defect is a dent dis- assessments for integrity done un- covered during the baseline assess- §198.11 Grant Authority. der paragraphs (d)(9) and (d)(10) ment for integrity under paragraph of this section. (d)(9) of this section and the defect The pipeline safety laws (49 (8) * * * meets the criteria for immediate re- U.S.C. 60101 et seq.) authorize the * * * * * pair in §192.309(b). Administrator to pay out funds ap- (ii) After remedial action to * * * * * propriated or otherwise make avail- address a failed reading, confirm (iii) If paragraph (d)(11)(ii) of able up to 80 percent of the cost of restoration of adequate corrosion this section does not require imme- the personnel, equipment, and ac- control by a close interval survey diate repair, repair a defect within tivities reasonably required for on either side of the affected test one year if any of the following ap- each state agency to carry out a station to the next test station un- ply: safety program for intrastate pipe- less the reason for the failed read- * * * * * line facilities under a certification ing is determined to be a rectifier (iv) Evaluate any defect not re- or agreement with the Administra- connection or power input problem quired to be repaired under para- tor or to act as an agent of the Ad- that can be remediated and other- graph (d)(11)(ii) or (iii) of this sec- ministrator with respect to inter- wise verified. tion to determine its growth rate, state pipeline facilities. * * * * * set the maximum interval for repair (9) * * * or re-inspection, and repair or re- Issued in Washington, DC on (i) Except as provided in para- inspect within that interval. November 20, 2009 under authori- graph (d)(9)(iii) of this section, for ty delegated in 49 CFR part 1. a new pipeline segment operating at the new alternative maximum al- Cynthia L. Quarterman,

Administrator.

[FR Doc. E9-28477 Filed 11-27-09; 8:45 am] BILLING CODE 4910-60-P

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