<<

Pt. 195 49 CFR Ch. I (10–1–98 Edition)

Major rivers Nearest town and state 195.8 Transportation of hazardous liquid or carbon dioxide in pipelines constructed ...... St. James, LA. with other than steel pipe. Mississippi River ...... New Roads, LA. 195.9 Outer continental shelf pipelines. Mississippi River ...... Ball Club, MN. 195.10 Responsibility of operator for compli- Mississippi River ...... Mayersville, MS. Mississippi River ...... New Roads, LA. ance with this part. Mississippi River ...... Quincy, IL. Mississippi River ...... Ft. Madison, IA. Subpart B—Reporting Accidents and ...... Waverly, MO. Safety–Related Conditions Missouri River ...... St. Joseph, MO. Missouri River ...... Weldon Springs, MO. 195.50 Reporting accidents. Missouri River ...... New Frankfort, MO. 195.52 Telephonic notice of certain acci- Naches River ...... Beaumont, TX. dents. ...... Joppa, IL. Ohio River ...... Cincinnati, OH. 195.54 Accident reports. Ohio River ...... Owensboro, KY. 195.55 Reporting safety–related conditions. Pascagoula River ...... Lucedale, MS. 195.56 Filing safety–related condition re- Pascagoula River ...... Wiggins, MS. ports. Pearl River ...... Columbia, MS. 195.57 Filing offshore pipeline condition re- Pearl River ...... Oria, TX. ports. Platte River ...... Ogaliala, NE. 195.58 Address for written reports. Potomac River ...... Reston, VA. Rappahannock River ...... Midland, VA. 195.60 Operator assistance in investigation. Raritan River ...... South Bound Brook, NJ. 195.62 Supplies of accident report DOT Raritan River ...... Highland Park, NJ. Form 7000–1. Red River (of the South) ...... Hanna, LA. 195.63 OMB control number assigned to in- Red River (of the South) ...... Bonham, TX. formation collection. Red River (of the South) ...... Dekalb, TX. Red River (of the South) ...... Sentell Plantation, LA. Subpart C—Design Requirements Red River (of the North) ...... Wahpeton, ND. ...... Anthony, NM. 195.100 Scope. Sabine River ...... Edgewood, TX. Sabine River ...... Leesville, LA. 195.101 Qualifying metallic components Sabine River ...... Orange, TX. other than pipe. Sabine River ...... Echo, TX. 195.102 Design temperature. Savannah River ...... Hartwell, GA. 195.104 Variations in pressure. Smokey Hill River ...... Abilene, KS. 195.106 Internal design pressure. Susquehanna River ...... Darlington, MD. 195.108 External pressure. Tenessee River ...... New Johnsonville, TN. 195.110 External loads. Wabash River ...... Harmony, IN. 195.111 Fracture propagation. Wabash River ...... Terre Haute, IN. Wabash River ...... Mt. Carmel, IL. 195.112 New pipe. ...... Batesville, AR. 195.114 Used pipe. White River ...... Grand Glaise, AR. 195.116 Valves. Wisconsin River ...... Wisconsin Rapids, WI. 195.118 Fittings. Yukon River ...... Fairbanks, AK. 195.120 Passage of internal inspection de- vices. Other Navigable Waters 195.122 Fabricated branch connections. 195.124 Closures. Arthur Kill Channel, NY 195.126 Flange connection. Cook Inlet, AK 195.128 Station piping. Freeport, TX 195.130 Fabricated assemblies. Los Angeles/Long Beach Harbor, CA 195.132 Above ground breakout tanks. Port Lavaca, TX 195.134 CPM leak detection. San Fransico/San Pablo Bay, CA Subpart D—Construction PART 195—TRANSPORTATION OF 195.200 Scope. HAZARDOUS LIQUIDS BY PIPELINE 195.202 Compliance with specifications or standards. Subpart A—General 195.204 Inspection—general. 195.206 Material inspection. Sec. 195.208 Welding of supports and braces. 195.0 Scope. 195.210 Pipeline location. 195.1 Applicability. 195.212 Bending of pipe. 195.2 Definitions. 195.214 Welding: General. 195.3 Matter incorporated by reference. 195.216 Welding: Miter joints. 195.4 Compatibility necessary for transpor- 195.222 Welders: Qualification of welders. tation of hazardous liquids or carbon di- 195.224 Welding: Weather. oxide. 195.226 Welding: Arc burns. 195.5 Conversion to service subject to this 195.228 Welds and welding inspection: part. Standards of acceptability.

140

VerDate 2398 00:25 Dec 01, 1998 Jkt 179201 PO 00000 Frm 00134 Fmt 8010 Sfmt 8010 Y:\SGML\179201T.XXX pfrm09 PsN: 179201T Research and Special Programs Administration, DOT § 195.1

195.230 Welds: Repair or removal of defects. SOURCE: Amdt. 195–22, 46 FR 38360, July 27, 195.234 Welds: Nondestructive testing. 1981, unless otherwise noted. 195.236 External corrosion protection. 195.238 External coating. 195.242 Cathodic protection system. Subpart A—General 195.244 Test leads. 195.246 Installation of pipe in a ditch. § 195.0 Scope. 195.248 Cover over buried pipeline. This part prescribes safety standards 195.250 Clearance between pipe and under- and reporting requirements for pipeline ground structures. facilities used in the transportation of 195.252 Backfilling. hazardous liquids or carbon dioxide. 195.254 Above ground components. 195.256 Crossing of railroads and highways. [Amdt. 195–45, 56 FR 26925, June 12, 1991] 195.258 Valves: General. 195.260 Valves: Location. § 195.1 Applicability. 195.262 Pumping equipment. 195.264 Above ground breakout tanks. (a) Except as provided in paragraph 195.266 Construction records. (b) of this section, this part applies to pipeline facilities and the transpor- Subpart E—Pressure Testing tation of hazardous liquids or carbon dioxide associated with those facilities 195.300 Scope. 195.302 General requirements. in or affecting interstate or foreign 195.303 Test pressure. commerce, including pipeline facilities 195.304 Testing of components. on the Outer Continental Shelf. 195.306 Test medium. (b) This part does not apply to— 195.308 Testing of tie-ins. (1) Transportation of a hazardous liq- 195.310 Records. uid that is transported in a gaseous state; Subpart F—Operation and Maintenance (2) Transportation of a hazardous liq- 195.400 Scope. uid through a pipeline by gravity; 195.401 General requirements. (3) Transportation through any of the 195.402 Procedural manual for operations, following low-stress pipelines: maintenance, and emergencies. (i) An onshore pipeline or pipeline 195.403 Training. segment that— 195.404 Maps and records. (A) Does not transport HVL; 195.406 Maximum operating pressure. (B) Is located in a rural area; and 195.408 Communications. 195.410 Line markers. (C) Is located outside a waterway 195.412 Inspection of rights-of-way and currently used for commercial naviga- crossings under navigable waters. tion; 195.413 Underwater inspection and reburial (ii) A pipeline subject to safety regu- of pipelines in the and its lations of the U.S. Coast Guard; or inlets. (iii) A pipeline that serves refining, 195.414 Cathodic protection. manufacturing, or truck, rail, or vessel 195.416 External corrosion control. terminal facilities, if the pipeline is 195.418 Internal corrosion control. less than 1 mile long (measured outside 195.420 Valve maintenance. 195.422 Pipeline repairs. facility grounds) and does not cross an 195.424 Pipe movement. offshore area or a waterway currently 195.426 Scraper and sphere facilities. used for commercial navigation; 195.428 Overpressure safety devices. (4) Transportation of petroleum in 195.430 Firefighting equipment. onshore gathering lines in rural areas 195.432 Breakout tanks. except gathering lines in the inlets of 195.434 Signs. the Gulf of Mexico subject to § 195.413; 195.436 Security of facilities. 195.438 Smoking or open flames. (5) Transportation of hazardous liq- 195.440 Public education. uid or carbon dioxide in offshore pipe- 195.442 Damage prevention program. lines which are located upstream from 195.444 CPM leak detection. the outlet flange of each facility where APPENDIX A TO PART 195—DELINEATION BE- hydrocarbons or carbon dioxide are TWEEN FEDERAL AND STATE JURISDIC- produced or where produced hydro- TION—STATEMENT OF AGENCY POLICY AND carbons or carbon dioxide are first sep- INTERPRETATION arated, dehydrated, or otherwise proc- AUTHORITY: 49 U.S.C. 5103, 60102, 60104, essed, whichever facility is farther 60108, 60109, 60118; and 49 CFR 1.53. downstream;

141

VerDate 2398 00:25 Dec 01, 1998 Jkt 179201 PO 00000 Frm 00135 Fmt 8010 Sfmt 8010 Y:\SGML\179201T.XXX pfrm09 PsN: 179201T § 195.2 49 CFR Ch. I (10–1–98 Edition)

(6) Transportation of hazardous liq- with subparts A and C through E of uid or carbon dioxide in Outer Con- this part. tinental Shelf pipelines which are lo- [Amdt. 195–22, 46 FR 38360, July 27, 1981, as cated upstream of the point at which amended by Amdt. 195–33, 50 FR 15898, Apr. operating responsibility transfers from 23, 1985; Amdt. 195–36, 51 FR 20976, June 10, a producing operator to a transporting 1986; Amdt. 195–45, 56 FR 26925, June 12, 1991; operator. Amdt. 195–45, 56 FR 50666, Oct. 8, 1991; Amdt. (7) Transportation of a hazardous liq- 195–47, 56 FR 63771, Dec. 5, 1991; Amdt. 195–52, 59 FR 33395, June 28, 1994; Amdt. 195–53, 59 FR uid or carbon dioxide through onshore 35470, July 12, 1994; Amdt. 195–58, 62 FR 54592, production (including flow lines), refin- Oct. 21, 1997; Amdt. 195–59, 62 FR 61695, Nov. ing, or manufacturing facilities, or 19, 1997; Amdt. 195–64, 63 FR 46693, Sept. 2, storage or in-plant piping systems as- 1998] sociated with such facilities; EFFECTIVE DATE NOTE: By Amdt. 195–64, 63 (8) Transportation of hazardous liq- FR 46693, Sept. 2, 1998, § 195.1 was amended by uid or carbon dioxide— revising paragraph (b)(3), effective Oct. 2, (i) By vessel, aircraft, tank truck, 1998. For the convenience of the user, the su- perseded text is set forth as follows: tank car, or other non-pipeline mode of transportation; or § 195.1 Applicability. (ii) Through facilities located on the grounds of a materials transportation * * * * * terminal that are used exclusively to (b) * * * transfer hazardous liquid or carbon di- (3) Transportation of non-HVL through oxide between non-pipeline modes of low-stress pipelines, except for any pipeline transportation or between a non-pipe- or pipeline segment that is located— line mode and a pipeline, not including (i) In an onshore area other than a rural any device and associated piping that area; (ii) Offshore; or are necessary to control pressure in the (iii) In a waterway that is navigable in fact pipeline under § 195.406(b); and and currently used for commercial naviga- (9) Transportation of carbon dioxide tion; downstream from the following point, as applicable: * * * * * (i) The inlet of a compressor used in the injection of carbon dioxide for oil § 195.2 Definitions. recovery operations, or the point where As used in this part— recycled carbon dioxide enters the in- Administrator means the Adminis- jection system, whichever is farther trator of the Research and Special Pro- upstream; or grams Administration or any person to (ii) The connection of the first whom authority in the matter con- branch pipeline in the production field cerned has been delegated by the Sec- that transports carbon dioxide to injec- retary of Transportation. tion wells or to headers or manifolds Barrel means a unit of measurement from which pipelines branch to injec- equal to 42 U.S. standard gallons. tion wells. Breakout tank means a tank used to (a) relieve surges in a hazardous liquid (c) A low-stress pipeline to which this pipeline system or (b) receive and store part applies that exists on July 12, 1994 hazardous liquid transported by a pipe- need not comply with this part or part line for reinjection and continued 199 of this chapter until July 12, 1996, transportation by pipeline. except as follows: Carbon dioxide means a fluid consist- (1) Subpart B of this part applies be- ing of more than 90 percent carbon di- ginning on October 10, 1994; and oxide molecules compressed to a super- (2) Any replacement, relocation, or critical state. other change made to existing pipe- Component means any part of a pipe- lines after October 9, 1994 must comply line which may be subjected to pump

142

VerDate 2398 00:25 Dec 01, 1998 Jkt 179201 PO 00000 Frm 00136 Fmt 8010 Sfmt 8010 Y:\SGML\179201T.XXX pfrm09 PsN: 179201T Research and Special Programs Administration, DOT § 195.2

pressure including, but not limited to, Interstate pipeline means a pipeline or pipe, valves, elbows, tees, flanges, and that part of a pipeline that is used in closures. the transportation of hazardous liquids Computation Pipeline Monitoring or carbon dioxide in interstate or for- (CPM) means a software-based mon- eign commerce. itoring tool that alerts the pipeline dis- Intrastate pipeline means a pipeline or patcher of a possible pipeline operating that part of a pipeline to which this anomaly that may be indicative of a part applies that is not an interstate commodity release. pipeline. Corrosive product means ‘‘corrosive Line section means a continuous run material’’ as defined by § 173.136 Class of pipe between adjacent pressure pump 8–Definitions of this chapter. stations, between a pressure pump sta- Exposed pipeline means a pipeline tion and terminal or breakout tanks, where the top of the pipe is protruding between a pressure pump station and a above the seabed in water less than 15 block valve, or between adjacent block feet (4.6 meters) deep, as measured valves. from the mean low water. Flammable product means ‘‘flammable Low-stress pipeline means a hazardous liquid’’ as defined by § 173.120 Class 3– liquid pipeline that is operated in its Definitions of this chapter. entirety at a stress level of 20 percent Gathering line means a pipeline 219.1 or less of the specified minimum yield mm (85⁄8 in) or less nominal outside di- strength of the line pipe. ameter that transports petroleum from Nominal wall thickness means the wall a production facility. thickness listed in the pipe specifica- Gulf of Mexico and its inlets means the tions. waters from the mean high water mark Offshore means beyond the line of or- of the coast of the Gulf of Mexico and dinary low water along that portion of its inlets open to the sea (excluding the coast of the that is rivers, tidal marshes, lakes, and ca- in direct contact with the open seas nals) seaward to include the territorial and beyond the line marking the sea- sea and Outer Continental Shelf to a ward limit of inland waters. depth of 15 feet (4.6 meters), as meas- Operator means a person who owns or ured from the mean low water. operates pipeline facilities. Hazard to navigation means, for the Outer Continental Shelf means all sub- purpose of this part, a pipeline where merged lands lying seaward and out- the top of the pipe is less than 12 side the area of lands beneath navi- inches (305 millimeters) below the sea- gable waters as defined in Section 2 of bed in water less than 15 feet (4.6 me- the Submerged Lands Act (43 U.S.C. ters) deep, as measured from the mean 1301) and of which the subsoil and sea- low water. bed appertain to the United States and Hazardous liquid means petroleum, are subject to its jurisdiction and con- petroleum products, or anhydrous am- trol. monia. Person means any individual, firm, Highly volatile liquid or HVL means a joint venture, partnership, corporation, hazardous liquid which will form a vapor cloud when released to the at- association, State, municipality, coop- mosphere and which has a vapor pres- erative association, or joint stock asso- sure exceeding 276 kPa (40 psia) at 37.8° ciation, and includes any trustee, re- C (100° F). ceiver, assignee, or personal represent- In-plant piping system means piping ative thereof. that is located on the grounds of a Petroleum means crude oil, conden- plant and used to transfer hazardous sate, natural gasoline, natural gas liq- liquid or carbon dioxide between plant uids, and liquefied petroleum gas. facilities or between plant facilities Petroleum product means flammable, and a pipeline or other mode of trans- toxic, or corrosive products obtained portation, not including any device and from distilling and processing of crude associated piping that are necessary to oil, unfinished oils, natural gas liquids, control pressure in the pipeline under blend stocks and other miscellaneous § 195.406(b). hydrocarbon compounds.

143

VerDate 2398 00:25 Dec 01, 1998 Jkt 179201 PO 00000 Frm 00137 Fmt 8010 Sfmt 8010 Y:\SGML\179201T.XXX pfrm09 PsN: 179201T § 195.3 49 CFR Ch. I (10–1–98 Edition)

Pipe or line pipe means a tube, usu- unit, closure of a valve, or any other ally cylindrical, through which a haz- blockage of the moving stream. ardous liquid or carbon dioxide flows Toxic product means ‘‘poisonous ma- from one point to another. terial’’ as defined by § 173.132 Class 6, Pipeline or pipeline system means all Division 6.1–Definitions of this chapter. parts of a pipeline facility through [Amdt. 195–22, 46 FR 38360, July 27, 1981; 47 which a hazardous liquid or carbon di- FR 32721, July 29, 1982, as amended by Amdt. oxide moves in transportation, includ- 195–33, 50 FR 15898, Apr. 23, 1985; 50 FR 38660, ing, but not limited to, line pipe, Sept. 24, 1985; Amdt. 195–36, 51 FR 15007, Apr. valves, and other appurtenances con- 22, 1986; Amdt. 195–45, 56 FR 26925, June 12, nected to line pipe, pumping units, fab- 1991; Amdt. 195–47, 56 FR 63771, Dec. 5, 1991; Amdt. 195–50, 59 FR 17281, Apr. 12, 1994; Amdt. ricated assemblies associated with 195–52, 59 FR 33395, 33396, June 28, 1994; Amdt. pumping units, metering and delivery 195–53, 59 FR 35471, July 12, 1994; Amdt. 195– stations and fabricated assemblies 59, 62 FR 61695, Nov. 19, 1997; Amdt. 195–62, 63 therein, and breakout tanks. FR 36376, July 6, 1998; Amdt. 195–63, 63 FR Pipeline facility means new and exist- 37506, July 13, 1998] ing pipe, rights-of-way and any equip- EFFECTIVE DATE NOTE: By Amdt. 195–62, 63 ment, facility, or building used in the FR 36376, July 6, 1998, § 195.2 was amended by transportation of hazardous liquids or adding the definition for ‘‘Computational carbon dioxide. Pipeline Monitoring’’, effective July 6, 1999. Production facility means piping or § 195.3 Matter incorporated by ref- equipment used in the production, ex- erence. traction, recovery, lifting, stabiliza- (a) Any document or portion thereof tion, separation or treating of petro- incorporated by reference in this part leum or carbon dioxide, or associated is included in this part as though it storage or measurement. (To be a pro- were printed in full. When only a por- duction facility under this definition, tion of a document is referenced, then piping or equipment must be used in this part incorporates only that ref- the process of extracting petroleum or erenced portion of the document and carbon dioxide from the ground or from the remainder is not incorporated. Ap- facilities where CO is produced, and 2 plicable editions are listed in para- preparing it for transportation by pipe- graph (c) of this section in parentheses line. This includes piping between following the title of the referenced treatment plants which extract carbon material. Earlier editions listed in pre- dioxide, and facilities utilized for the vious editions of this section may be injection of carbon dioxide for recovery used for components manufactured, de- operations.) signed, or installed in accordance with Rural area means outside the limits those earlier editions at the time they of any incorporated or unincorpated were listed. The user must refer to the city, town, village, or any other des- appropriate previous edition of 49 CFR ignated residential or commercial area for a listing of the earlier editions. such as a subdivision, a business or (b) All incorporated materials are shopping center, or community devel- available for inspection in the Re- opment. search and Special Programs Adminis- Specified minimum yield strength tration, 400 Seventh Street, SW., Wash- means the minimum yield strength, ex- ington, DC, and at the Office of the pressed in p.s.i. (kPa) gage, prescribed Federal Register, 800 North Capitol by the specification under which the Street, NW., suite 700, Washington, DC. material is purchased from the manu- These materials have been approved for facturer. incorporation by reference by the Di- Stress level means the level of tangen- rector of the Federal Register in ac- tial or hoop stress, usually expressed as cordance with 5 U.S.C. 552(a) and 1 CFR a percentage of specified minimum part 51. In addition, materials incor- yield strength. porated by reference are available as Surge pressure means pressure pro- follows: duced by a change in velocity of the (1) American Gas Association (AGA), moving stream that results from shut- 1515 Wilson Boulevard, Arlington, VA ting down a pump station or pumping 22209.

144

VerDate 2398 00:25 Dec 01, 1998 Jkt 179201 PO 00000 Frm 00138 Fmt 8010 Sfmt 8010 Y:\SGML\179201T.XXX pfrm09 PsN: 179201T Research and Special Programs Administration, DOT § 195.3

(2) American Petroleum Institute (v) ASME Boiler and Pressure Vessel (API), 1220 L Street, NW., Washington, Code, Section VIII, Division 1 ‘‘Pres- DC 20005. sure Vessels’’ (1995 edition with 1995 (3) The American Society of Mechan- Addenda). ical Engineers (ASME), United Engi- (vi) ASME Boiler and Pressure Vessel neering Center, 345 East 47th Street, Code, Section IX ‘‘Welding and Brazing New York, NY 10017. Qualifications’’ (1995 edition with 1995 (4) Manufacturers Standardization Addenda). Society of the Valve and Fittings In- (4) Manufacturers Standardization dustry, Inc. (MSS), 127 Park Street, Society of the Valve and Fittings In- NE., Vienna, VA 22180. dustry, Inc. (MSS): (5) American National Standards In- (i) MSS SP–75 ‘‘Specification for stitute (ANSI), 11 West 42nd Street, High Test Wrought Butt Welding Fit- New York, NY 10036. tings’’ (1993). (ii) [Reserved] (6) American Society for Testing and (5) American Society for Testing and Materials (ASTM), 100 Barr Harbor Materials (ASTM): Drive, West Conshohocken, PA 19428. (i) ASTM Designation A 53 ‘‘Standard (c) The full title for the publications specification for Pipe, Steel, Black and incorporated by reference in this part Hot-Dipped, Zinc-Coated Welded and are as follows. Numbers in parentheses Seamless’’ (A 53–96). indicate applicable editions: (ii) ASTM Designation: A 106 ‘‘Stand- (1) American Gas Association (AGA): ard Specification for Seamless Carbon AGA Pipeline Research Committee, Steel Pipe for High-Temperature Serv- Project PR–3–805, ‘‘A Modified Cri- ice’’ (A 106–95). terion for Evaluating the Remaining (iii) ASTM Designation: A 333/A 333M Strength of Corroded Pipe’’ (December ‘‘Standard Specification for Seamless 1989). The RSTRENG program may be and Welded Steel Pipe for Low-Tem- used for calculating remaining perature Service’’(A 333/A 333M–94). strength. (iv) ASTM Designation: A 381 (2) American Petroleum Institute ‘‘Standard Specification for Metal-Arc- (API): Welded Steel Pipe for Use With High- (i) API 1130 ‘‘Computational Pipeline Pressure Transmission Systems’’ (A Monitoring’’ (1st Edition, 1995). 381–93). (ii) API Specification 5L ‘‘Specifica- (v) ASTM Designation: A 671 ‘‘Stand- tion for Line Pipe’’ (41st edition, 1995). ard Specification for Electric-Fusion- (iii) API Specification 6D ‘‘Specifica- Welded Steel Pipe for Atmospheric and tion for Pipeline Valves (Gate, Plug, Lower Temperatures’’ (A 671–94). Ball, and Check Valves)’’ (21st Edition, (vi) ASTM Designation: A 672 1994). ‘‘Standard Specification for Electric- (iv) API Specification 1104 ‘‘Welding Fusion-Welded Steel Pipe for High- of Pipelines and Related Facilities’’ Pressure Service at Moderate Tempera- (18th edition, 1994). tures’’ (A 672–94). (3) American Society of Mechanical (vii) ASTM Designation: A 691 Engineers (ASME): ‘‘Standard Specification for Carbon and Alloy Steel Pipe Electric-Fusion-Weld- (i) ASME/ANSI B16.9 ‘‘Factory-Made ed for High- Pressure Service at High Wrought Steel Buttwelding Fittings’’ Temperatures’’ (A 691–93). (1993). (ii) ASME/ANSI B31.4 ‘‘Liquid Trans- [Amdt. 195–22, 46 FR 38360, July 27, 1981; 47 portation Systems for Hydrocarbons, FR 32721, July 29, 1982, as amended by Amdt. Liquid Petroleum Gas, Anhydrous Am- 195–32, 49 FR 36860, Sept. 20, 1984; 58 FR 14523, monia, and Alcohols’’ (1992 edition with Mar. 18, 1993; Amdt. 195–52, 59 FR 33396, June 28, 1994; Amdt. 195–56, 61 FR 26123, May 24, ASME B31.4a–1994 Addenda). 1996; 61 FR 36826, July 15, 1996; Amdt. 195–61, (iii) ASME/ANSI B31.8 ‘‘Gas Trans- 63 FR 7723, Feb. 17, 1998; Amdt. 195–62, 63 FR mission and Distribution Piping Sys- 36376, July 6, 1998] tems’’ (1995) EFFECTIVE DATE NOTE: By Amdt. 195–62, 63 (iv) ASME/ANSI B31G ‘‘Manual for FR 36376, July 6, 1998, § 195.3 was amended by Determining the Remaining Strength redesignating paragraphs (c)(2)(i) through of Corroded Pipelines’’ (1991). (c)(2)(iii) as paragraphs (c)(2)(ii) through

145

VerDate 2398 00:25 Dec 01, 1998 Jkt 179201 PO 00000 Frm 00139 Fmt 8010 Sfmt 8010 Y:\SGML\179201T.XXX pfrm09 PsN: 179201T § 195.4 49 CFR Ch. I (10–1–98 Edition)

(c)(2)(iv), and adding a new paragraph substantiate the maximum operating (c)(2)(i), effective July 6, 1999. pressure permitted by § 195.406. (b) A pipeline which qualifies for use § 195.4 Compatibility necessary for under this section need not comply transportation of hazardous liquids or carbon dioxide. with the corrosion control require- ments of this part until 12 months No person may transport any hazard- after it is placed in service, notwith- ous liquid or carbon dioxide unless the standing any earlier deadlines for com- hazardous liquid or carbon dioxide is pliance. In addition to the require- chemically compatible with both the ments of subpart F of this part, the pipeline, including all components, and corrosion control requirements of sub- any other commodity that it may come part D apply to each pipeline which into contact with while in the pipeline. substantially meets those require- [Amdt. 195–45, 56 FR 26925, June 12, 1991] ments before it is placed in service or which is a segment that is replaced, re- § 195.5 Conversion to service subject located, or substantially altered. to this part. (c) Each operator must keep for the (a) A steel pipeline previously used in life of the pipeline a record of the in- service not subject to this part quali- vestigations, tests, repairs, replace- fies for use under this part if the opera- ments, and alterations made under the tor prepares and follows a written pro- requirements of paragraph (a) of this cedure to accomplish the following: section. (1) The design, construction, oper- [Amdt. 195–22, 46 FR 38360, July 27, 1981, as ation, and maintenance history of the amended by Amdt. 195–52, 59 FR 33396, June pipeline must be reviewed and, where 28, 1994] sufficient historical records are not available, appropriate tests must be § 195.8 Transportation of hazardous performed to determine if the pipeline liquid or carbon dioxide in pipe- is in satisfactory condition for safe op- lines constructed with other than eration. If one or more of the variables steel pipe. necessary to verify the design pressure No person may transport any hazard- under § 195.106 or to perform the testing ous liquid or carbon dioxide through a under paragraph (a)(4) of this section is pipe that is constructed after October unknown, the design pressure may be 1, 1970, for hazardous liquids or after verified and the maximum operating July 12, 1991 for carbon dioxide of ma- pressure determined by— terial other than steel unless the per- (i) Testing the pipeline in accordance son has notified the Administrator in with ASME B31.8, Appendix N, to writing at least 90 days before the produce a stress equal to the yield transportation is to begin. The notice strength; and must state whether carbon dioxide or a (ii) Applying, to not more than 80 hazardous liquid is to be transported percent of the first pressure that pro- and the chemical name, common name, duces a yielding, the design factor F in properties and characteristics of the § 195.106(a) and the appropriate factors hazardous liquid to be transported and in § 195.106(e). the material used in construction of (2) The pipeline right-of-way, all the pipeline. If the Administrator de- aboveground segments of the pipeline, termines that the transportation of the and appropriately selected under- hazardous liquid or carbon dioxide in ground segments must be visually in- the manner proposed would be unduly spected for physical defects and operat- hazardous, he will, within 90 days after ing conditions which reasonably could receipt of the notice, order the person be expected to impair the strength or that gave the notice, in writing, not to tightness of the pipeline. transport the hazardous liquid or car- (3) All known unsafe defects and con- bon dioxide in the proposed manner ditions must be corrected in accord- until further notice. ance with this part. [Amdt. 195–45, 56 FR 26925, June 12, 1991, as (4) The pipeline must be tested in ac- amended by Amdt. 195–50, 59 FR 17281, Apr. cordance with subpart E of this part to 12, 1994]

146

VerDate 2398 00:25 Dec 01, 1998 Jkt 179201 PO 00000 Frm 00140 Fmt 8010 Sfmt 8010 Y:\SGML\179201T.XXX pfrm09 PsN: 179201T Research and Special Programs Administration, DOT § 195.52

§ 195.9 Outer continental shelf pipe- (d) Death of any person. lines. (e) Bodily harm to any person result- Operators of transportation pipelines ing in one or more of the following: on the Outer Continental Shelf must (1) Loss of consciousness. identify on all their respective pipe- (2) Necessity to carry the person lines the specific points at which oper- from the scene. ating responsibility transfers to a pro- (3) Necessity for medical treatment. ducing operator. For those instances in (4) Disability which prevents the dis- which the transfer points are not iden- charge of normal duties or the pursuit tifiable by a durable marking, each op- of normal activities beyond the day of erator will have until September 15, the accident. 1998 to identify the transfer points. If it (f) Estimated property damage, in- is not practicable to durably mark a cluding cost of clean-up and recovery, transfer point and the transfer point is value of lost product, and damage to located above water, the operator must the property of the operator or others, depict the transfer point on a sche- or both, exceeding $50,000. matic maintained near the transfer point. If a transfer point is located [Amdt. 195–22, 46 FR 38360, July 27, 1981, as amended by Amdt. 195–39, 53 FR 24950, July 1, subsea, the operator must identify the 1988; Amdt. 195–45, 56 FR 26925, June 12, 1991; transfer point on a schematic which Amdt. 195–52, 59 FR 33396, June 28, 1994; must be maintained at the nearest up- Amdt. 195–63, 63 FR 37506, July 13, 1998] stream facility and provided to RSPA upon request. For those cases in which § 195.52 Telephonic notice of certain adjoining operators have not agreed on accidents. a transfer point by September 15, 1998 (a) At the earliest practicable mo- the Regional Director and the MMS ment following discovery of a release Regional Supervisor will make a joint of the hazardous liquid or carbon diox- determination of the transfer point. ide transported resulting in an event [Amdt. 195–59, 62 FR 61695, Nov. 19, 1997] described in § 195.50, the operator of the system shall give notice, in accordance § 195.10 Responsibility of operator for with paragraph (b) of this section, of compliance with this part. any failure that: An operator may make arrangements (1) Caused a death or a personal in- with another person for the perform- jury requiring hospitalization; ance of any action required by this (2) Resulted in either a fire or explo- part. However, the operator is not sion not intentionally set by the opera- thereby relieved from the responsibil- tor; ity for compliance with any require- (3) Caused estimated property dam- ment of this part. age, including cost of cleanup and re- covery, value of lost product, and dam- Subpart B—Reporting Accidents age to the property of the operator or and Safety-Related Conditions others, or both, exceeding $50,000; (4) Resulted in pollution of any § 195.50 Reporting accidents. stream, river, lake, reservoir, or other An accident report is required for similar body of water that violated ap- each failure in a pipeline system sub- plicable water quality standards, ject to this part in which there is a re- caused a discoloration of the surface of lease of the hazardous liquid or carbon the water or adjoining shoreline, or de- dioxide transported resulting in any of posited a sludge or emulsion beneath the following: the surface of the water or upon adjoin- (a) Explosion or fire not inten- ing shorelines; or tionally set by the operator. (5) In the judgment of the operator (b) Loss of 50 or more barrels (8 or was significant even though it did not more cubic meters) of hazardous liquid meet the criteria of any other para- or carbon dioxide. graph of this section. (c) Escape to the atmosphere of more (b) Reports made under paragraph (a) than 5 barrels (0.8 cubic meters) a day of this section are made by telephone of highly volatile liquids. to 800–424–8802 (in Washington, DC 267–

147

VerDate 2398 00:25 Dec 01, 1998 Jkt 179201 PO 00000 Frm 00141 Fmt 8010 Sfmt 8010 Y:\SGML\179201T.XXX pfrm09 PsN: 179201T § 195.54 49 CFR Ch. I (10–1–98 Edition)

2675) and must include the following in- pipeline to rise above 110 percent of its formation: maximum operating pressure. (1) Name and address of the operator. (5) A leak in a pipeline that con- (2) Name and telephone number of stitutes an emergency. the reporter. (6) Any safety-related condition that (3) The location of the failure. could lead to an imminent hazard and (4) The time of the failure. causes (either directly or indirectly by (5) The fatalities and personal inju- remedial action of the operator), for ries, if any. purposes other than abandonment, a 20 (6) All other significant facts known percent or more reduction in operating by the operator that are relevant to pressure or shutdown of operation of a the cause of the failure or extent of the pipeline. damages. (b) A report is not required for any safety-related condition that— [Amdt. 195–22, 46 FR 38360, July 27, 1981, as (1) Exists on a pipeline that is more amended by Amdt. 195–23, 47 FR 32720, July than 220 yards (200 meters) from any 29, 1982; Amdt. 195–44, 54 FR 40878, Oct. 4, building intended for human occupancy 1989; Amdt. 195–45, 56 FR 26925, June 12, 1991; Amdt. 195–52, 59 FR 33396, June 28, 1994] or outdoor place of assembly, except that reports are required for conditions § 195.54 Accident reports. within the right-of-way of an active railroad, paved road, street, or high- (a) Each operator that experiences an way, or that occur offshore or at on- accident that is required to be reported shore locations where a loss of hazard- under § 195.50 shall as soon as prac- ous liquid could reasonably be expected ticable, but not later than 30 days after to pollute any stream, river, lake, res- discovery of the accident, prepare and ervoir, or other body of water; file an accident report on DOT Form (2) Is an accident that is required to 7000–1, or a facsimile. be reported under § 195.50 or results in (b) Whenever an operator receives such an accident before the deadline any changes in the information re- for filing the safety-related condition ported or additions to the original re- report; or port on DOT Form 7000–1, it shall file a (3) Is corrected by repair or replace- supplemental report within 30 days. ment in accordance with applicable [Amdt. 195–39, 53 FR 24950, July 1, 1988] safety standards before the deadline for filing the safety-related condition re- § 195.55 Reporting safety-related con- port, except that reports are required ditions. for all conditions under paragraph (a) Except as provided in paragraph (a)(1) of this section other than local- (b) of this section, each operator shall ized corrosion pitting on an effectively report in accordance with § 195.56 the coated and cathodically protected pipe- existence of any of the following safe- line. ty-related conditions involving pipe- [Amdt. 195–39, 53 FR 24950, July 1, 1988; 53 FR lines in service: 29800, Aug. 8, 1988, as amended by Amdt. 195– (1) General corrosion that has re- 63, 63 FR 37506, July 13, 1998] duced the wall thickness to less than that required for the maximum operat- § 195.56 Filing safety-related condition ing pressure, and localized corrosion reports. pitting to a degree where leakage (a) Each report of a safety-related might result. condition under § 195.55(a) must be filed (2) Unintended movement or abnor- (received by the Administrator) in mal loading of a pipeline by environ- writing within 5 working days (not in- mental causes, such as an earthquake, cluding Saturdays, Sundays, or Federal landslide, or flood, that impairs its holidays) after the day a representative serviceability. of the operator first determines that (3) Any material defect or physical the condition exists, but not later than damage that impairs the serviceability 10 working days after the day a rep- of a pipeline. resentative of the operator discovers (4) Any malfunction or operating the condition. Separate conditions may error that causes the pressure of a be described in a single report if they

148

VerDate 2398 00:25 Dec 01, 1998 Jkt 179201 PO 00000 Frm 00142 Fmt 8010 Sfmt 8010 Y:\SGML\179201T.XXX pfrm09 PsN: 179201T Research and Special Programs Administration, DOT § 195.60

are closely related. To file a report by cation; including, if available, the loca- facsimile (fax), dial (202) 366–7128. tion according to the Minerals Manage- (b) The report must be headed ‘‘Safe- ment Service or state offshore area and ty-Related Condition Report’’ and pro- block number tract. vide the following information: (6) Length and date of installation of (1) Name and principal address of op- each pipeline segment, if different from erator. a pipeline segment identified under (2) Date of report. paragraph (a)(5) of this section, that is (3) Name, job title, and business tele- a hazard to navigation, and the loca- phone number of person submitting the tion; including, if available, the loca- report. tion according to the Minerals Manage- (4) Name, job title, and business tele- ment Service or state offshore area and phone number of person who deter- block number tract. mined that the condition exists. (b) The report shall be mailed to the (5) Date condition was discovered and Information Officer, Research and Spe- date condition was first determined to cial Programs Administration, Depart- exist. ment of Transportation, 400 Seventh (6) Location of condition, with ref- Street, SW., Washington, DC 20590. erence to the State (and town, city, or [Amdt. 195–47, 56 FR 63771, Dec. 5, 1991, as ) or offshore site, and as appro- amended by Amdt. 195–63, 63 FR 37506, July priate nearest street address, offshore 13, 1998] platform, survey station number, mile- post, landmark, or name of pipeline. § 195.58 Address for written reports. (7) Description of the condition, in- Each written report required by this cluding circumstances leading to its subpart must be made to the Informa- discovery, any significant effects of the tion Resources Manager, Office of Pipe- condition on safety, and the name of line Safety, Research and Special Pro- the commodity transported or stored. grams Administration, U.S. Depart- (8) The corrective action taken (in- ment of Transportation, Room 2335, 400 cluding reduction of pressure or shut- Seventh Street SW., Washington DC down) before the report is submitted 20590. However, accident reports for and the planned follow-up or future intrastate pipelines subject to the ju- corrective action, including the antici- risdiction of a State agency pursuant pated schedule for starting and con- to a certification under the pipeline cluding such action. safety laws (49 U.S.C. 60101 et seq.) may [Amdt. 195–39, 53 FR 24950, July 1, 1988; 53 FR be submitted in duplicate to that State 29800, Aug. 8, 1988, as amended by Amdt. 195– agency if the regulations of that agen- 42, 54 FR 32344, Aug. 7, 1989; Amdt. 195–44, 54 cy require submission of these reports FR 40878, Oct. 4, 1989; Amdt. 195–50, 59 FR and provide for further transmittal of 17281, Apr. 12, 1994; Amdt. 195–61, 63 FR 7723, one copy within 10 days of receipt to Feb. 17, 1998] the Information Resources Manager. § 195.57 Filing offshore pipeline condi- Safety-related condition reports re- tion reports. quired by § 195.55 for intrastate pipe- lines must be submitted concurrently (a) Each operator shall, within 60 to the State agency, and if that agency days after completion of the inspection acts as an agent of the Secretary with of all its underwater pipelines subject respect to interstate pipelines, safety- to § 195.413(a), report the following in- related condition reports for these formation: pipelines must be submitted concur- (1) Name and principal address of op- rently to that agency. erator. (2) Date of report. [Amdt. 195–55, 61 FR 18518, Apr. 26, 1996] (3) Name, job title, and business tele- phone number of person submitting the § 195.60 Operator assistance in inves- report. tigation. (4) Total number of miles (kilo- If the Department of Transportation meters) of pipeline inspected. investigates an accident, the operator (5) Length and date of installation of involved shall make available to the each exposed pipeline segment, and lo- representative of the Department all

149

VerDate 2398 00:25 Dec 01, 1998 Jkt 179201 PO 00000 Frm 00143 Fmt 8010 Sfmt 8010 Y:\SGML\179201T.XXX pfrm09 PsN: 179201T § 195.62 49 CFR Ch. I (10–1–98 Edition)

records and information that in any factured has equal or more stringent way pertain to the accident, and shall requirements for the following as an afford all reasonable assistance in the edition of that document currently or investigation of the accident. previously listed in § 195.3: (1) Pressure testing; § 195.62 Supplies of accident report (2) Materials; and DOT Form 7000–1. (3) Pressure and temperature ratings. Each operator shall maintain an ade- [Amdt. 195–28, 48 FR 30639, July 5, 1983] quate supply of forms that are a fac- simile of DOT Form 7000–1 to enable it § 195.102 Design temperature. to promptly report accidents. The De- (a) Material for components of the partment will, upon request, furnish system must be chosen for the tem- specimen copies of the form. Requests perature environment in which the should be addressed to the Information components will be used so that the Resources Manager, Office of Pipeline pipeline will maintain its structural Safety, Department of Transportation, integrity. Washington, DC 20590. (b) Components of carbon dioxide [Amdt. 195–22, 46 FR 38360, July 27, 1981, as pipelines that are subject to low tem- amended at 47 FR 32720, July 29, 1982] peratures during normal operation be- cause of rapid pressure reduction or § 195.63 OMB control number assigned during the initial fill of the line must to information collection. be made of materials that are suitable The control number assigned by the for those low temperatures. Office of Management and Budget to [Admt. 195–45, 56 FR 26925, June 12, 1991] the hazardous liquid pipeline informa- tion collection requirements of this § 195.104 Variations in pressure. part pursuant to the Paperwork Reduc- If, within a pipeline system, two or tion Act of 1980 is 2137–0047. more components are to be connected [Amdt. 195–34, 50 FR 34474, Aug. 26, 1985] at a place where one will operate at a higher pressure than another, the sys- Subpart C—Design Requirements tem must be designed so that any com- ponent operating at the lower pressure § 195.100 Scope. will not be overstressed. This subpart prescribes minimum de- § 195.106 Internal design pressure. sign requirements for new pipeline sys- tems constructed with steel pipe and (a) Internal design pressure for the for relocating, replacing, or otherwise pipe in a pipeline is determined in ac- changing existing systems constructed cordance with the following formula: with steel pipe. However, it does not × × apply to the movement of line pipe P=(2 St/D) E F covered by § 195.424. P=Internal design pressure in p.s.i. (kPa) gage. § 195.101 Qualifying metallic compo- S=Yield strength in pounds per nents other than pipe. square inch (kPa) determined in ac- Notwithstanding any requirement of cordance with paragraph (b) of this the subpart which incorporates by ref- section. erence an edition of a document listed t=Nominal wall thickness of the pipe in § 195.3, a metallic component other in inches (millimeters). If this is than pipe manufactured in accordance unknown, it is determined in ac- with any other edition of that docu- cordance with paragraph (c) of this ment is qualified for use if— section. (a) It can be shown through visual in- D=Nominal outside diameter of the spection of the cleaned component that pipe in inches (millimeters). no defect exists which might impair E=Seam joint factor determined in the strength or tightness of the compo- accordance with paragraph (e) of nent: and this section. (b) The edition of the document F=A design factor of 0.72, except that under which the component was manu- a design factor of 0.60 is used for

150

VerDate 2398 00:25 Dec 01, 1998 Jkt 179201 PO 00000 Frm 00144 Fmt 8010 Sfmt 8010 Y:\SGML\179201T.XXX pfrm09 PsN: 179201T Research and Special Programs Administration, DOT § 195.106

pipe, including risers, on a platform lengths, whichever is greater, need be located offshore or on a platform in measured. The thickness of the lengths inland navigable waters, and 0.54 is that are not measured must be verified used for pipe that has been sub- by applying a gage set to the minimum jected to cold expansion to meet thickness found by the measurement. the specified minimum yield The nominal wall thickness to be used strength and is subsequently heat- is the next wall thickness found in ed, other than by welding or stress commercial specifications that is relieving as a part of welding, to a below the average of all the measure- ° temperature higher than 900 F ments taken. However, the nominal (482° C) for any period of time or wall thickness may not be more than over 600° F (316° C) for more than 1 1.14 times the smallest measurement hour. taken on pipe that is less than 20 (b) The yield strength to be used in inches (508 mm) nominal outside diam- determining the internal design pres- eter, nor more than 1.11 times the sure under paragraph (a) of this section smallest measurement taken on pipe is the specified minimum yield that is 20 inches (508 mm) or more in strength. If the specified minimum nominal outside diameter. yield strength is not known, the yield (d) The minimum wall thickness of strength to be used in the design for- the pipe may not be less than 87.5 per- mula is one of the following: cent of the value used for nominal wall (1)(i) The yield strength determined by performing all of the tensile tests of thickness in determining the internal API Specification 5L on randomly se- design pressure under paragraph (a) of lected specimens with the following this section. In addition, the antici- number of tests: pated external loads and external pres- sures that are concurrent with internal Pipe size No. of tests pressure must be considered in accord-

Less than 65¤8 in (168 mm) nomi- One test for each 200 ance with §§ 195.108 and 195.110 and, nal outside diameter. lengths. after determining the internal design 6 5¤8 in through 123¤4 in (168 mm One test for each 100 pressure, the nominal wall thickness through 324 mm) nominal out- lengths. side diameter. must be increased as necessary to com- Larger than 123¤4 in (324 mm) One test for each 50 pensate for these concurrent loads and nominal outside diameter. lengths. pressures. (ii) If the average yield-tensile ratio (e) The seam joint factor used in exceeds 0.85, the yield strength shall be paragraph (a) of this section is deter- taken as 24,000 p.s.i. (165,474 kPa). If the mined in accordance with the following average yield-tensile ratio is 0.85 or table: less, the yield strength of the pipe is Seam taken as the lower of the following: Specification Pipe class joint (A) Eighty percent of the average factor yield strength determined by the ten- ASTM A53 ..... Seamless ...... 1.00 sile tests. Electric resistance welded ...... 1.00 (B) The lowest yield strength deter- Furnace lap welded ...... 0.80 mined by the tensile tests. Furnace butt welded ...... 0.60 (2) If the pipe is not tensile tested as ASTM A106 ... Seamless ...... 1.00 provided in paragraph (b) of this sec- ASTM A 333/ Seamless ...... 1.00 A 333M. tion, the yield strength shall be taken Welded ...... 1.00 as 24,000 p.s.i. (165,474 kPa). ASTM A381 ... Double submerged arc welded ...... 1.00 (c) If the nominal wall thickness to ASTM A671 ... Electric-fusion-welded ...... 1.00 be used in determining internal design ASTM A672 ... Electric-fusion-welded ...... 1.00 pressure under paragraph (a) of this ASTM A691 ... Electric-fusion-welded ...... 1.00 section is not known, it is determined API 5L ...... Seamless ...... 1.00 Electric resistance welded ...... 1.00 by measuring the thickness of each Electric flash welded ...... 1.00 piece of pipe at quarter points on one Submerged arc welded ...... 1.00 end. However, if the pipe is of uniform Furnace lap welded ...... 0.80 grade, size, and thickness, only 10 indi- Furnace butt welded ...... 0.60 vidual lengths or 5 percent of all

151

VerDate 2398 00:25 Dec 01, 1998 Jkt 179201 PO 00000 Frm 00145 Fmt 8010 Sfmt 8010 Y:\SGML\179201T.XXX pfrm09 PsN: 179201T § 195.108 49 CFR Ch. I (10–1–98 Edition)

The seam joint factor for pipe which is (c) Each length of pipe with a nomi- not covered by this paragraph must be nal outside diameter of 4 1⁄2 in (114.3 approved by the Administrator. mm) or more must be marked on the pipe or pipe coating with the specifica- [Amdt. 195–22, 46 FR 38360, July 27, 1981; 47 FR 32721, July 29, 1982, as amended by Amdt. tion to which it was made, the speci- 195–30, 49 FR 7569, Mar. 1, 1984; Amdt 195–37, fied minimum yield strength or grade, 51 FR 15335, Apr. 23, 1986; Amdt 195–40, 54 FR and the pipe size. The marking must be 5628, Feb. 6, 1989; 58 FR 14524, Mar. 18, 1993; applied in a manner that does not dam- Amdt. 195–50, 59 FR 17281, Apr. 12, 1994; Amdt. age the pipe or pipe coating and must 195–52, 59 FR 33396, 33397, June 28, 1994; Amdt. remain visible until the pipe is in- 195–63, 63 FR 37506, July 13, 1998] stalled. § 195.108 External pressure. [Amdt. 195–22, 46 FR 38360, July 27, 1981, as amended by Amdt. 195–52, 59 FR 33396, June Any external pressure that will be 28, 1994; Amdt. 195–63, 63 FR 37506, July 13, exerted on the pipe must be provided 1998] for in designing a pipeline system. § 195.114 Used pipe. § 195.110 External loads. Any used pipe installed in a pipeline (a) Anticipated external loads (e.g.), system must comply with § 195.112 (a) earthquakes, vibration, thermal expan- and (b) and the following: sion, and contraction must be provided (a) The pipe must be of a known spec- for in designing a pipeline system. In ification and the seam joint factor providing for expansion and flexibility, must be determined in accordance with section 419 of ASME/ANSI B31.4 must § 195.106(e). If the specified minimum be followed. yield strength or the wall thickness is (b) The pipe and other components not known, it is determined in accord- must be supported in such a way that ance with § 195.106 (b) or (c) as appro- the support does not cause excess local- priate. ized stresses. In designing attachments (b) There may not be any: to pipe, the added stress to the wall of (1) Buckles; the pipe must be computed and com- (2) Cracks, grooves, gouges, dents, or pensated for. other surface defects that exceed the maximum depth of such a defect per- [Amdt. 195–22, 46 FR 38360, July 27, 1981, as amended at 58 FR 14524, Mar. 18, 1993] mitted by the specification to which the pipe was manufactured; or § 195.111 Fracture propagation. (3) Corroded areas where the remain- ing wall thickness is less than the min- A carbon dioxide pipeline system imum thickness required by the toler- must be designed to mitigate the ef- ances in the specification to which the fects of fracture propagation. pipe was manufactured. [Amdt. 195–45, 56 FR 26926, June 12, 1991] However, pipe that does not meet the requirements of paragraph (b)(3) of this § 195.112 New pipe. section may be used if the operating Any new pipe installed in a pipeline pressure is reduced to be commensu- system must comply with the follow- rate with the remaining wall thick- ing: ness. (a) The pipe must be made of steel of [Amdt. 195–22, 46 FR 38360, July 27, 1981; 47 the carbon, low alloy-high strength, or FR 32721, July 29, 1982] alloy type that is able to withstand the internal pressures and external loads § 195.116 Valves. and pressures anticipated for the pipe- Each valve installed in a pipeline line system. system must comply with the follow- (b) The pipe must be made in accord- ing: ance with a written pipe specification (a) The valve must be of a sound en- that sets forth the chemical require- gineering design. ments for the pipe steel and mechani- (b) Materials subject to the internal cal tests for the pipe to provide pipe pressure of the pipeline system, includ- suitable for the use intended. ing welded and flanged ends, must be

152

VerDate 2398 00:25 Dec 01, 1998 Jkt 179201 PO 00000 Frm 00146 Fmt 8010 Sfmt 8010 Y:\SGML\179201T.XXX pfrm09 PsN: 179201T Research and Special Programs Administration, DOT § 195.120

compatible with the pipe or fittings to § 195.120 Passage of internal inspec- which the valve is attached. tion devices. (c) Each part of the valve that will be (a) Except as provided in paragraphs in contact with the carbon dioxide or (b) and (c) of this section, each new hazardous liquid stream must be made pipeline and each line section of a pipe- of materials that are compatible with line where the line pipe, valve, fitting carbon dioxide or each hazardous liquid or other line component is replaced; that it is anticipated will flow through must be designed and constructed to the pipeline system. accommodate the passage of instru- (d) Each valve must be both mented internal inspection devices. hydrostatically shell tested and (b) This section does not apply to: hydrostatically seat tested without (1) Manifolds; (2) Station piping such as at pump leakage to at least the requirements stations, meter stations, or pressure set forth in section 5 of API Standard reducing stations; 6D. (3) Piping associated with tank farms (e) Each valve other than a check and other storage facilities; valve must be equipped with a means (4) Cross-overs; for clearly indicating the position of (5) Sizes of pipe for which an instru- the valve (open, closed, etc.). mented internal inspection device is (f) Each valve must be marked on the not commercially available; body or the nameplate, with at least (6) Offshore pipelines, other than the following: main lines 10 inches (254 millimeters) (1) Manufacturer’s name or trade- or greater in nominal diameter, that mark. transport liquids to onshore facilities; (2) Class designation or the maximum and working pressure to which the valve (7) Other piping that the Adminis- trator under § 190.9 of this chapter, may be subjected. finds in a particular case would be im- (3) Body material designation (the practicable to design and construct to end connection material, if more than accommodate the passage of instru- one type is used). mented internal inspection devices. (4) Nominal valve size. (c) An operator encountering emer- [Amdt. 195–22, 46 FR 38360, July 27, 1981 as gencies, construction time constraints amended by Amdt. 195–45, 56 FR 26926, June and other unforeseen construction 12, 1991] problems need not construct a new or replacement segment of a pipeline to § 195.118 Fittings. meet paragraph (a) of this section, if the operator determines and docu- (a) Butt-welding type fittings must ments why an impracticability pro- meet the marking, end preparation, hibits compliance with paragraph (a) of and the bursting strength requirements this section. Within 30 days after dis- of ASME/ANSI B16.9 or MSS Standard covering the emergency or construc- Practice SP–75. tion problem the operator must peti- (b) There may not be any buckles, tion, under § 190.9 of this chapter, for dents, cracks, gouges, or other defects approval that design and construction in the fitting that might reduce the to accommodate passage of instru- strength of the fitting. mented internal inspection devices (c) The fitting must be suitable for would be impracticable. If the petition the intended service and be at least as is denied, within 1 year after the date strong as the pipe and other fittings in of the notice of the denial, the operator the pipeline system to which it is at- must modify that segment to allow tached. passage of instrumented internal in- spection devices. [Amdt. 195–22, 46 FR 38360, July 27, 1981; 47 FR 32721, July 29, 1982, as amended at 58 FR [Amdt. 195–50, 59 FR 17281, Apr. 12, 1994, as 14524, Mar. 18, 1993] amended by Amdt. 195–63, 63 FR 37506, July 13, 1998]

153

VerDate 2398 00:25 Dec 01, 1998 Jkt 179201 PO 00000 Frm 00147 Fmt 8010 Sfmt 8010 Y:\SGML\179201T.XXX pfrm09 PsN: 179201T § 195.122 49 CFR Ch. I (10–1–98 Edition)

§ 195.122 Fabricated branch connec- API 1130 in its design and with any tions. other design criteria addressed in API Each pipeline system must be de- 1130 for components of the CPM leak signed so that the addition of any fab- detection system. ricated branch connections will not re- [Amdt. 195–62, 63 FR 36376, July 6, 1998] duce the strength of the pipeline sys- tem. EFFECTIVE DATE NOTE: By Amdt. 195–62, 63 FR 36376, July 6, 1997, § 195.134 was added, ef- § 195.124 Closures. fective July 6, 1999. Each closure to be installed in a pipe- line system must comply with the Subpart D—Construction ASME Boiler and Pressure Vessel Code, section VIII, Pressure Vessels, Division § 195.200 Scope. 1, and must have pressure and tempera- This subpart prescribes minimum re- ture ratings at least equal to those of quirements for constructing new pipe- the pipe to which the closure is at- line systems with steel pipe, and for re- tached. locating, replacing, or otherwise § 195.126 Flange connection. changing existing pipeline systems that are constructed with steel pipe. Each component of a flange connec- However, this subpart does not apply tion must be compatible with each to the movement of pipe covered by other component and the connection as § 195.424. a unit must be suitable for the service in which it is to be used. § 195.202 Compliance with specifica- tions or standards. § 195.128 Station piping. Any pipe to be installed in a station Each pipeline system must be con- that is subject to system pressure must structed in accordance with com- meet the applicable requirements of prehensive written specifications or this subpart. standards that are consistent with the requirements of this part. § 195.130 Fabricated assemblies. Each fabricated assembly to be in- § 195.204 Inspection—general. stalled in a pipeline system must meet Inspection must be provided to en- the applicable requirements of this sure the installation of pipe or pipeline subpart. systems in accordance with the re- quirements of this subpart. No person § 195.132 Above ground breakout may be used to perform inspections un- tanks. less that person has been trained and is Each above ground breakout tank qualified in the phase of construction must be designed to withstand the in- to be inspected. ternal pressure produced by the hazard- ous liquid to be stored therein and any [Amdt. 195–22, 46 FR 38360, July 27, 1981, as anticipated external loads. amended by Amdt. 195–52, 59 FR 33397, June 28, 1994] § 195.134 CPM leak detection. § 195.206 Material inspection. This section applies to each hazard- ous liquid pipeline transporting liquid No pipe or other component may be in single phase (without gas in the liq- installed in a pipeline system unless it uid). On such systems, each new com- has been visually inspected at the site putational pipeline monitoring (CPM) of installation to ensure that it is not leak detection system and each re- damaged in a manner that could impair placed component of an existing CPM its strength or reduce its service- system must comply with section 4.2 of ability.

154

VerDate 2398 00:25 Dec 01, 1998 Jkt 179201 PO 00000 Frm 00148 Fmt 8010 Sfmt 8010 Y:\SGML\179201T.XXX pfrm09 PsN: 179201T Research and Special Programs Administration, DOT § 195.226

§ 195.208 Welding of supports and ed either before or after the bending braces. process. Supports or braces may not be weld- [Amdt. 195–22, 46 FR 38360, July 27, 1981, as ed directly to pipe that will be oper- amended by Amdt. 195–52, 59 FR 33396, June ated at a pressure of more than 100 28, 1994; Amdt. 195–63, 63 FR 37506, July 13, p.s.i. (689 kPa) gage. 1998] [Amdt. 195–22, 46 FR 38360, July 27, 1981, as § 195.214 Welding: General. amended by Amdt. 195–63, 63 FR 37506, July (a) Welding must be performed by a 13, 1998] qualified welder in accordance with welding procedures qualified to § 195.210 Pipeline location. produce welds meeting the require- (a) Pipeline right-of-way must be se- ments of this subpart. The quality of lected to avoid, as far as practicable, the test welds used to qualify the pro- areas containing private dwellings, in- cedure shall be determined by destruc- dustrial buildings, and places of public tive testing. assembly. (b) Each welding procedure must be (b) No pipeline may be located within recorded in detail, including the results 50 feet (15 meters) of any private dwell- of the qualifying tests. This record ing, or any industrial building or place must be retained and followed when- of public assembly in which persons ever the procedure is used. work, congregate, or assemble, unless [Amdt. 195–38, 51 FR 20297, June 4, 1986] it is provided with at least 12 inches (305 millimeters) of cover in addition to § 195.216 Welding: Miter joints. that prescribed in § 195.248. A miter joint is not permitted (not [Amdt. 195–22, 46 FR 39360, July 27, 1981, as including deflections up to 3 degrees amended by Amdt. 195–63, 63 FR 37506, July that are caused by misalignment). 13, 1998] § 195.222 Welders: Qualification of § 195.212 Bending of pipe. welders. (a) Pipe must not have a wrinkle Each welder must be qualified in ac- bend. cordance with section 3 of API Stand- (b) Each field bend must comply with ard 1104 or section IX of the ASME Boiler and Pressure Vessel Code, except the following: that a welder qualified under an earlier (1) A bend must not impair the serv- edition than listed in § 195.3 may weld iceability of the pipe. but may not requalify under that ear- (2) Each bend must have a smooth lier edition. contour and be free from buckling, cracks, or any other mechanical dam- [Amdt. 195–32, 49 FR 36860, Sept. 20, 1984, as age. amended by Amdt. 195–38, 51 FR 20297, June 4, 1986] (3) On pipe containing a longitudinal weld, the longitudinal weld must be as § 195.224 Welding: Weather. near as practicable to the neutral axis Welding must be protected from of the bend unless— weather conditions that would impair (i) The bend is made with an internal the quality of the completed weld. bending mandrel; or (ii) The pipe is 123⁄4 in (324 mm) or § 195.226 Welding: Arc burns. less nominal outside diameter or has a (a) Each arc burn must be repaired. diameter to wall thickness ratio less (b) An arc burn may be repaired by than 70. completely removing the notch by (c) Each circumferential weld which grinding, if the grinding does not re- is located where the stress during bend- duce the remaining wall thickness to ing causes a permanent deformation in less than the minimum thickness re- the pipe must be nondestructively test- quired by the tolerances in the speci- fication to which the pipe is manufac- tured. If a notch is not repairable by

155

VerDate 2398 00:25 Dec 01, 1998 Jkt 179201 PO 00000 Frm 00149 Fmt 8010 Sfmt 8010 Y:\SGML\179201T.XXX pfrm09 PsN: 179201T § 195.228 49 CFR Ch. I (10–1–98 Edition)

grinding, a cylinder of the pipe con- § 195.234 Welds: Nondestructive test- taining the entire notch must be re- ing. moved. (a) A weld may be nondestructively (c) A ground may not be welded to tested by any process that will clearly the pipe or fitting that is being welded. indicate any defects that may affect the integrity of the weld. § 195.228 Welds and welding inspec- (b) Any nondestructive testing of tion: Standards of acceptability. welds must be performed— (a) Each weld and welding must be (1) In accordance with a written set inspected to insure compliance with of procedures for nondestructive test- the requirements of this subpart. Vis- ing; and ual inspection must be supplemented (2) With personnel that have been by nondestructive testing. trained in the established procedures (b) The acceptability of a weld is de- and in the use of the equipment em- termined according to the standards in ployed in the testing. section 6 of API Standard 1104. How- (c) Procedures for the proper inter- ever, if a girth weld is unacceptable pretation of each weld inspection must under those standards for a reason be established to ensure the accept- other than a crack, and if the Appendix ability of the weld under § 195.228. to API Standard 1104 applies to the (d) During construction, at least 10 weld, the acceptability of the weld may percent of the girth welds made by be determined under that appendix. each welder during each welding day must be nondestructively tested over [Amdt. 195–22, 46 FR 38360, July 27, 1981, as the entire circumference of the weld. amended by Amdt. 195–52, 59 FR 33397, June 28, 1994] (e) All girth welds installed each day in the following locations must be non- § 195.230 Welds: Repair or removal of destructively tested over their entire defects. circumference, except that when non- destructive testing is impracticable for (a) Each weld that is unacceptable a girth weld, it need not be tested if under § 195.228 must be removed or re- the number of girth welds for which paired. Except for welds on an offshore testing is impracticable does not ex- pipeline being installed from a pipelay ceed 10 percent of the girth welds in- vessel, a weld must be removed if it has stalled that day: a crack that is more than 8 percent of (1) At any onshore location where a the weld length. loss of hazardous liquid could reason- (b) Each weld that is repaired must ably be expected to pollute any stream, have the defect removed down to sound river, lake, reservoir, or other body of metal and the segment to be repaired water, and any offshore area; must be preheated if conditions exist (2) Within railroad or public road which would adversely affect the qual- rights-of-way; ity of the weld repair. After repair, the (3) At overhead road crossings and segment of the weld that was repaired within tunnels; must be inspected to ensure its accept- (4) Within the limits of any incor- ability. porated subdivision of a State govern- (c) Repair of a crack, or of any defect ment; and in a previously repaired area must be (5) Within populated areas, including, in accordance with written weld repair but not limited to, residential subdivi- procedures that have been qualified sions, shopping centers, schools, des- under § 195.214. Repair procedures must ignated commercial areas, industrial provide that the minimum mechanical facilities, public institutions, and properties specified for the welding places of public assembly. procedure used to make the original (f) When installing used pipe, 100 per- weld are met upon completion of the cent of the old girth welds must be final weld repair. nondestructively tested. (g) At pipeline tie-ins, including tie- [Amdt. 195–29, 48 FR 48674, Oct. 20, 1983] ins of replacement sections, 100 percent

156

VerDate 2398 00:25 Dec 01, 1998 Jkt 179201 PO 00000 Frm 00150 Fmt 8010 Sfmt 8010 Y:\SGML\179201T.XXX pfrm09 PsN: 179201T Research and Special Programs Administration, DOT § 195.248

of the girth welds must be nondestruc- trol or electrolysis testing must be in- tively tested. stalled at intervals frequent enough to [Amdt. 195–22, 46 FR 38360, July 27, 1981, as obtain electrical measurements indi- amended by Amdt. 195–35, 50 FR 37192, Sept. cating the adequacy of the cathodic 21, 1985; Amdt. 195–52, 59 FR 33397, June 28, protection. 1994] (b) Test leads must be installed as follows: § 195.236 External corrosion protec- tion. (1) Enough looping or slack must be provided to prevent test leads from Each component in the pipeline sys- being unduly stressed or broken during tem must be provided with protection against external corrosion. backfilling. (2) Each lead must be attached to the § 195.238 External coating. pipe so as to prevent stress concentra- (a) No pipeline system component tion on the pipe. may be buried or submerged unless (3) Each lead installed in a conduit that component has an external protec- must be suitably insulated from the tive coating that— conduit. (1) Is designed to mitigate corrosion of the buried or submerged component; § 195.246 Installation of pipe in a (2) Has sufficient adhesion to the ditch. metal surface to prevent underfilm mi- (a) All pipe installed in a ditch must gration of moisture; be installed in a manner that mini- (3) Is sufficiently ductile to resist mizes the introduction of secondary cracking; stresses and the possibility of damage (4) Has enough strength to resist to the pipe. damage due to handling and soil stress; (b) Except for pipe in the Gulf of and (5) Supports any supplemental ca- Mexico and its inlets, all offshore pipe thodic protection. in water at least 3.7 m (12 ft) deep but not more than 61 m (200 ft) deep, as In addition, if an insulating-type coat- ing is used it must have low moisture measured from the mean low tide, absorption and provide high electrical must be installed so that the top of the resistance. pipe is below the natural bottom unless (b) All pipe coating must be inspected the pipe is supported by stanchions, just prior to lowering the pipe into the held in place by anchors or heavy con- ditch or submerging the pipe, and any crete coating, or protected by an equiv- damage discovered must be repaired. alent means.

§ 195.242 Cathodic protection system. [Amdt. 195–22, 46 FR 38360, July 27, 1981, as amended by Amdt. 195–52, 59 FR 33397, June (a) A cathodic protection system 28, 1994; 59 FR 36256, July 15, 1994] must be installed for all buried or sub- merged facilities to mitigate corrosion § 195.248 Cover over buried pipeline. that might result in structural failure. (a) Unless specifically exempted in A test procedure must be developed to this subpart, all pipe must be buried so determine whether adequate cathodic that it is below the level of cultivation. protection has been achieved. Except as provided in paragraph (b) of (b) A cathodic protection system this section, the pipe must be installed must be installed not later than 1 year after completing the construction. so that the cover between the top of the pipe and the ground level, road bed, § 195.244 Test leads. river bottom, or sea bottom, as appli- (a) Except for offshore pipelines, elec- cable, complies with the following trical test leads used for corrosion con- table:

157

VerDate 2398 00:25 Dec 01, 1998 Jkt 179201 PO 00000 Frm 00151 Fmt 8010 Sfmt 8010 Y:\SGML\179201T.XXX pfrm09 PsN: 179201T § 195.250 49 CFR Ch. I (10–1–98 Edition)

Cover inches (millime- ters) Location For normal For rock excavation exca- vation 1

Industrial, commercial, and residential areas ...... 36 (914) 30 (762) Crossings of inland bodies of water with a width of at least 100 ft (30 mm) from high water mark to high water mark ...... 48 (1219) 18 (457) Drainage ditches at public roads and railroads ...... 36 (914) 36 (914) Deepwater port safety zone ...... 48 (1219) 24 (610) Gulf of Mexico and its inlets and other offshore areas under water less than 12 ft (3.7 m) deep as measured from the mean low tide ...... 36 (914) 18 (457) Any other area ...... 30 (762) 18 (457) 1 Rock excavation is any excavation that requires blasting or removal by equivalent means.

(b) Except for the Gulf of Mexico and (1) Overhead crossings of highways, its inlets, less cover than the minimum railroads, or a body of water. required by paragraph (a) of this sec- (2) Spans over ditches and gullies. tion and § 195.210 may be used if— (3) Scraper traps or block valves. (1) It is impracticable to comply with (4) Areas under the direct control of the minimum cover requirements; and the operator. (2) Additional protection is provided (5) In any area inaccessible to the that is equivalent to the minimum re- public. quired cover. (b) Each component covered by this [Amdt. 195–22, 46 FR 38360, July 27, 1981; 47 section must be protected from the FR 32721, July 29, 1982 as amended by Amdt. forces exerted by the anticipated loads. 195–52, 59 FR 33397, June 28, 1994; 59 FR 36256, July 15, 1994; Amdt. 195–63, 63 FR 37506, July § 195.256 Crossing of railroads and 13, 1998] highways. § 195.250 Clearance between pipe and The pipe at each railroad or highway underground structures. crossing must be installed so as to ade- Any pipe installed underground must quately withstand the dynamic forces have at least 12 inches (305 millime- exerted by anticipated traffic loads. ters) of clearance between the outside of the pipe and the extremity of any § 195.258 Valves: General. other underground structure, except (a) Each valve must be installed in a that for drainage tile the minimum location that is accessible to author- clearance may be less than 12 inches ized employees and that is protected (305 millimeters) but not less than 2 from damage or tampering. inches (51 millimeters). However, (b) Each submerged valve located off- where 12 inches (305 millimeters) of shore or in inland navigable waters clearance is impracticable, the clear- must be marked, or located by conven- ance may be reduced if adequate provi- tional survey techniques, to facilitate sions are made for corrosion control. quick location when operation of the valve is required. [Amdt. 195–22, 46 FR 38360, July 27, 1981, as amended by Amdt. 195–63, 63 FR 37506, July 13, 1998] § 195.260 Valves: Location. A valve must be installed at each of § 195.252 Backfilling. the following locations: Backfilling must be performed in a (a) On the suction end and the dis- manner that protects any pipe coating charge end of a pump station in a man- and provides firm support for the pipe. ner that permits isolation of the pump station equipment in the event of an § 195.254 Above ground components. emergency. (a) Any component may be installed (b) On each line entering or leaving a above ground in the following situa- breakout storage tank area in a man- tions, if the other applicable require- ner that permits isolation of the tank ments of this part are complied with: area from other facilities.

158

VerDate 2398 00:25 Dec 01, 1998 Jkt 179201 PO 00000 Frm 00152 Fmt 8010 Sfmt 8010 Y:\SGML\179201T.XXX pfrm09 PsN: 179201T Research and Special Programs Administration, DOT § 195.302

(c) On each mainline at locations is separate from the power that oper- along the pipeline system that will ates the station. minimize damage or pollution from ac- [Amdt. 195–22, 46 FR 38360, July 27, 1981, as cidental hazardous liquid discharge, as amended by Amdt. 195–52, 59 FR 33397, June appropriate for the terrain in open 28, 1994] country, for offshore areas, or for popu- lated areas. § 195.264 Above ground breakout (d) On each lateral takeoff from a tanks. trunk line in a manner that permits For above ground breakout tanks— shutting off the lateral without inter- (a) A means must be provided for rupting the flow in the trunk line. containing hazardous liquids in the (e) On each side of a water crossing event of spillage or tank failure. that is more than 100 feet (30 meters) (b) Tank areas must be adequately wide from high-water mark to high- protected against unauthorized entry. water mark unless the Administrator (c) Normal and emergency relief finds in a particular case that valves venting must be provided for each are not justified. tank. (f) On each side of a reservoir holding § 195.266 Construction records. water for human consumption. A complete record that shows the fol- [Amdt. 195–22, 46 FR 38360, July 27, 1981; 47 lowing must be maintained by the op- FR 32721, July 29, 1982; Amdt. 195–50, 59 FR erator involved for the life of each 17281, Apr. 12, 1994; Amdt. 195–63, 63 FR 37506, pipeline facility: July 13, 1998] (a) The total number of girth welds and the number nondestructively test- § 195.262 Pumping equipment. ed, including the number rejected and (a) Adequate ventilation must be pro- the disposition of each rejected weld. vided in pump station buildings to pre- (b) The amount, location; and cover vent the accumulation of hazardous va- of each size of pipe installed. pors. Warning devices must be installed (c) The location of each crossing of to warn of the presence of hazardous another pipeline. vapors in the pumping station building. (d) The location of each buried util- (b) The following must be provided in ity crossing. each pump station: (e) The location of each overhead (1) Safety devices that prevent over- crossing. pressuring of pumping equipment, in- (f) The location of each valve and cluding the auxiliary pumping equip- corrosion test station. ment within the pumping station. [Amdt. 195–22, 46 FR 38360, July 27, 1981, as (2) A device for the emergency shut- amended by Amdt. 195–34, 50 FR 34474, Aug. down of each pumping station. 26, 1985] (3) If power is necessary to actuate the safety devices, an auxiliary power Subpart E—Pressure Testing supply. § 195.300 Scope. (c) Each safety device must be tested under conditions approximating actual This subpart prescribes minimum re- operations and found to function prop- quirements for the pressure testing of erly before the pumping station may be steel pipelines. However, this subpart used. does not apply to the movement of pipe (d) Except for offshore pipelines, under § 195.424. pumping equipment must be installed [Amdt. 195–51, 59 FR 29384, June 7, 1994] on property that is under the control of the operator and at least 15.2 m (50 ft) § 195.302 General requirements. from the boundary of the pump station. (a) Except as otherwise provided in (e) Adequate fire protection must be this section and in § 195.304(b), no oper- installed at each pump station. If the ator may operate a pipeline unless it fire protection system installed re- has been pressure tested under this quires the use of pumps, motive power subpart without leakage. In addition, must be provided for those pumps that no operator may return to service a

159

VerDate 2398 00:25 Dec 01, 1998 Jkt 179201 PO 00000 Frm 00153 Fmt 8010 Sfmt 8010 Y:\SGML\179201T.XXX pfrm09 PsN: 179201T § 195.303 49 CFR Ch. I (10–1–98 Edition)

segment of pipeline that has been re- (ii) Before December 7, 2003, pressure placed, relocated, or otherwise changed test the remainder of the pipeline mile- until it has been pressure tested under age (length). this subpart without leakage. [Amdt. 195–51, 59 FR 29384, June 7, 1994, as (b) Except for pipelines converted amended by Amdt. 195–53, 59 FR 35471, July under § 195.5, the following pipelines 12, 1994; Amdt. 195–51B, 61 FR 43027, Aug. 20, may be operated without pressure test- 1996; Amdt. 195–58, 62 FR 54592, Oct. 21, 1997; ing under this subpart: Amdt. 195–63, 63 FR 37506, July 13, 1998] (1) Any hazardous liquid pipeline § 195.303 Test pressure. whose maximum operating pressure is established under § 195.406(a)(5) that The test pressure for each pressure is— test conducted under this subpart must (i) An interstate pipeline constructed be maintained throughout the part of before January 8, 1971; the system being tested for at least 4 (ii) An interstate offshore gathering continuous hours at a pressure equal to 125 percent, or more, of the maximum line constructed before August 1, 1977; operating pressure and, in the case of a (iii) An intrastate pipeline con- pipeline that is not visually inspected structed before October 21, 1985; or for leakage during the test, for at least (iv) A low-stress pipeline constructed an additional 4 continuous hours at a before August 11, 1994 that transports pressure equal to 110 percent, or more, HVL. of the maximum operating pressure.≤ (2) Any carbon dioxide pipeline con- structed before July 12, 1991, that— [Amdt. 195–51, 59 FR 29384, June 7, 1994] (i) Has its maximum operating pres- § 195.304 Testing of components. sure established under § 195.406(a)(5); or (ii) Is located in a rural area as part (a) Each pressure test under § 195.302 of a production field distribution sys- must test all pipe and attached fit- tem. tings, including components, unless otherwise permitted by paragraph (b) (3) Any low-stress pipeline con- of this section. structed before August 11, 1994 that (b) A component, other than pipe, does not transport HVL. that is the only item being replaced or (c) Except for onshore pipelines that added to the pipeline system need not transport HVL, the following compli- be hydrostatically tested under para- ance deadlines apply to pipelines under graph (a) of this section if the manu- paragraphs (b)(1) and (b)(2)(i) of this facturer certifies that either— section that have not been pressure (1) The component was tested under this subpart: hydrostatically tested at the factory; (1) Before December 7, 1998, for each or pipeline each operator shall— (2) The component was manufactured (i) Plan and schedule testing accord- under a quality control system that en- ing to this paragraph; or sures each component is at least equal (ii) Establish the pipeline’s maximum in strength to a prototype that was operating pressure under § 195.406(a)(5). hydrostatically tested at the factory. (2) For pipelines scheduled for test- [Amdt. 195–22, 46 FR 38360, July 27, 1981, as ing, each operator shall— amended by Amdt. 195–51, 59 FR 29385, June (i) Before December 7, 2000, pressure 7, 1994; Amdt. 195–52, 59 FR 33397, June 28, test— 1994] (A) Each pipeline identified by name, symbol, or otherwise that existing § 195.306 Test medium. records show contains more than 50 (a) Except as provided in paragraphs percent by mileage (length) of electric (b), (c), and (d) of this section, water resistance welded pipe manufactured must be used as the test medium. before 1970; and (b) Except for offshore pipelines, liq- (B) At least 50 percent of the mileage uid petroleum that does not vaporize (length) of all other pipelines; and rapidly may be used as the test me- dium if—

160

VerDate 2398 10:30 Dec 02, 1998 Jkt 179201 PO 00000 Frm 00154 Fmt 8010 Sfmt 8010 Y:\SGML\179201T.XXX pfrm02 PsN: 179201T Research and Special Programs Administration, DOT § 195.401

(1) The entire pipeline section under (1) The pressure recording charts; test is outside of cities and other popu- (2) Test instrument calibration data; lated areas; (3) The name of the operator, the (2) Each building within 300 feet (91 name of the person responsible for meters) of the test section is unoccu- making the test, and the name of the pied while the test pressure is equal to test company used, if any; or greater than a pressure which pro- (4) The date and time of the test; duces a hoop stress of 50 percent of (5) The minimum test pressure; specified minimum yield strength; (3) The test section is kept under sur- (6) The test medium; veillance by regular patrols during the (7) A description of the facility tested test; and and the test apparatus; (4) Continuous communication is (8) An explanation of any pressure maintained along entire test section. discontinuities, including test failures, (c) Carbon dioxide pipelines may use that appear on the pressure recording inert gas or carbon dioxide as the test charts; and medium if— (9) Where elevation differences in the (1) The entire pipeline section under section under test exceed 100 feet (30 test is outside of cities and other popu- meters), a profile of the pipeline that lated areas; shows the elevation and test sites over (2) Each building within 300 feet (91 the entire length of the test section. meters) of the test section is unoccu- pied while the test pressure is equal to [Amdt. 195–34, 50 FR 34474, Aug. 26, 1985, as or greater than a pressure that pro- amended by Amdt. 195–51, 59 FR 29385, June duces a hoop stress of 50 percent of 7, 1994; Amdt. 195–63, 63 FR 37506, July 13, specified minimum yield strength; 1998] (3) The maximum hoop stress during the test does not exceed 80 percent of Subpart F—Operation and specified minimum yield strength; Maintenance (4) Continuous communication is maintained along entire test section; § 195.400 Scope. and This subpart prescribes minimum re- (5) The pipe involved is new pipe hav- quirements for operating and main- ing a longitudinal joint factor of 1.00. taining pipeline systems constructed (d) Air or inert gas may be used as with steel pipe. the test medium in low-stress pipe- lines. § 195.401 General requirements. [Amdt. 195–22, 46 FR 38360, July 27, 1991, as (a) No operator may operate or main- amended by Amdt. 195–45, 56 FR 26926, June tain its pipeline systems at a level of 12, 1991; Amdt. 195–51, 59 FR 29385, June 7, 1994; Amdt. 195–53, 59 FR 35471, July 12, 1994; safety lower than that required by this Amdt. 195–51A, 59 FR 41260, Aug. 11, 1994; subpart and the procedures it is re- Amdt. 195–63, 63 FR 37506, July 13, 1998] quired to establish under § 195.402(a) of this subpart. § 195.308 Testing of tie-ins. (b) Whenever an operator discovers Pipe associated with tie-ins must be any condition that could adversely af- pressure tested, either with the section fect the safe operation of its pipeline to be tied in or separately. system, it shall correct it within a rea- [Amdt. 195–22, 46 FR 38360, July 27, 1981, as sonable time. However, if the condition amended by 195–51, 59 FR 29385, June 7, 1994] is of such a nature that it presents an immediate hazard to persons or prop- § 195.310 Records. erty, the operator may not operate the (a) A record must be made of each affected part of the system until it has pressure test required by this subpart, corrected the unsafe condition. and the record of the latest test must (c) Except as provided in § 195.5, no be retained as long as the facility test- operator may operate any part of any ed is in use. of the following pipelines unless it was (b) The record required by paragraph designed and constructed as required (a) of this section must include: by this part:

161

VerDate 2398 00:25 Dec 01, 1998 Jkt 179201 PO 00000 Frm 00155 Fmt 8010 Sfmt 8010 Y:\SGML\179201T.XXX pfrm09 PsN: 179201T § 195.402 49 CFR Ch. I (10–1–98 Edition)

(1) An interstate pipeline, other than (c) Maintenance and normal operations. a low-stress pipeline, on which con- The manual required by paragraph (a) struction was begun after March 31, of this section must include procedures 1970, that transports hazardous liquid. for the following to provide safety dur- (2) An interstate offshore gathering ing maintenance and normal oper- line, other than a low-stress pipeline, ations: on which construction was begun after (1) Making construction records, July 31, 1977, that transports hazardous maps, and operating history available liquid. as necessary for safe operation and (3) An intrastate pipeline, other than maintenance. a low-stress pipeline, on which con- (2) Gathering of data needed for re- struction was begun after October 20, porting accidents under subpart B of 1985, that transports hazardous liquid. this part in a timely and effective man- (4) A pipeline on which construction ner. was begun after July 11, 1991, that (3) Operating, maintaining, and re- transports carbon dioxide. pairing the pipeline system in accord- ance with each of the requirements of (5) A low-stress pipeline on which this subpart. construction was begun after August (4) Determining which pipeline facili- 10, 1994. ties are located in areas that would re- [Amdt. 195–22, 46 FR 38360, July 27, 1981, as quire an immediate response by the op- amended by Amdt. 195–33, 50 FR 15899, Apr. erator to prevent hazards to the public 23, 1985; Amdt. 195–33A, 50 FR 39008, Sept. 26, if the facilities failed or malfunctioned. 1985; Amdt. 195–36, 51 FR 15008, Apr. 22, 1986; (5) Analyzing pipeline accidents to Amdt. 195–45, 56 FR 26926, June 12, 1991; determine their causes. Amdt. 195–53, 59 FR 35471, July 12, 1994] (6) Minimizing the potential for haz- ards identified under paragraph (c)(4) § 195.402 Procedural manual for oper- ations, maintenance, and emer- of this section and the possibility of re- gencies. currence of accidents analyzed under paragraph (c)(5) of this section. (a) General. Each operator shall pre- (7) Starting up and shutting down pare and follow for each pipeline sys- any part of the pipeline system in a tem a manual of written procedures for manner designed to assure operation conducting normal operations and within the limits prescribed by maintenance activities and handling § 195.406, consider the hazardous liquid abnormal operations and emergencies. or carbon dioxide in transportation, This manual shall be reviewed at inter- variations in altitude along the pipe- vals not exceeding 15 months, but at line, and pressure monitoring and con- least once each calendar year, and ap- trol devices. propriate changes made as necessary to (8) In the case of a pipeline that is insure that the manual is effective. not equipped to fail safe, monitoring This manual shall be prepared before from an attended location pipeline initial operations of a pipeline system pressure during startup until steady commence, and appropriate parts shall state pressure and flow conditions are be kept at locations where operations reached and during shut-in to assure and maintenance activities are con- operation within limits prescribed by ducted. § 195.406. (b) The Administrator or the State (9) In the case of facilities not Agency that has submitted a current equipped to fail safe that are identified certification under the pipeline safety under paragraph 195.402(c)(4) or that laws (49 U.S.C. 60101 et seq.) with re- control receipt and delivery of the haz- spect to the pipeline facility governed ardous liquid or carbon dioxide, detect- by an operator’s plans and procedures ing abnormal operating conditions by may, after notice and opportunity for monitoring pressure, temperature, flow hearing as provided in 49 CFR 190.237 or or other appropriate operational data the relevant State procedures, require and transmitting this data to an at- the operator to amend its plans and tended location. procedures as necessary to provide a (10) Abandoning pipeline facilities, reasonable level of safety. including safe disconnection from an

162

VerDate 2398 00:25 Dec 01, 1998 Jkt 179201 PO 00000 Frm 00156 Fmt 8010 Sfmt 8010 Y:\SGML\179201T.XXX pfrm09 PsN: 179201T Research and Special Programs Administration, DOT § 195.402

operating pipeline system, purging of (3) Correcting variations from normal combustibles, and sealing abandoned operation of pressure and flow equip- facilities left in place to minimize safe- ment and controls. ty and environmental hazards. (4) Notifying responsible operator (11) Minimizing the likelihood of ac- personnel when notice of an abnormal cidental ignition of vapors in areas operation is received. near facilities identified under para- (5) Periodically reviewing the re- graph (c)(4) of this section where the sponse of operator personnel to deter- potential exists for the presence of mine the effectiveness of the proce- flammable liquids or gases. dures controlling abnormal operation (12) Establishing and maintaining li- and taking corrective action where de- aison with fire, police, and other appro- ficiencies are found. priate public officials to learn the re- (e) Emergencies. The manual required sponsibility and resources of each gov- by paragraph (a) of this section must ernment organization that may re- include procedures for the following to spond to a hazardous liquid or carbon provide safety when an emergency con- dioxide pipeline emergency and ac- dition occurs: quaint the officials with the operator’s ability in respondinq to a hazardous (1) Receiving, identifying, and liquid or carbon dioxide pipeline emer- classifying notices of events which gency and means of communication. need immediate response by the opera- (13) Periodically reviewing the work tor or notice to fire, police, or other done by operator personnel to deter- appropriate public officials and com- mine the effectiveness of the proce- municating this information to appro- dures used in normal operation and priate operator personnel for correc- maintenance and taking corrective ac- tive action. tion where deficiencies are found. (2) Prompt and effective response to a (14) Taking adequate precautions in notice of each type emergency, includ- excavated trenches to protect person- ing fire or explosion occurring near or nel from the hazards of unsafe accumu- directly involving a pipeline facility, lations of vapor or gas, and making accidental release of hazardous liquid available when needed at the exca- or carbon dioxide from a pipeline facil- vation, emergency rescue equipment, ity, operational failure causing a haz- including a breathing apparatus and, a ardous condition, and natural disaster rescue harness and line. affecting pipeline facilities. (d) Abnormal operation. The manual (3) Having personnel, equipment, in- required by paragraph (a) of this sec- struments, tools, and material avail- tion must include procedures for the able as needed at the scene of an emer- following to provide safety when oper- gency. ating design limits have been exceeded: (4) Taking necessary action, such as (1) Responding to, investigating, and emergency shutdown or pressure reduc- correcting the cause of: tion, to minimize the volume of haz- (i) Unintended closure of valves or ardous liquid or carbon dioxide that is shutdowns; released from any section of a pipeline (ii) Increase or decrease in pressure system in the event of a failure. or flow rate outside normal operating (5) Control of released hazardous liq- limits; uid or carbon dioxide at an accident (iii) Loss of communications; scene to minimize the hazards, includ- (iv) Operation of any safety device; ing possible intentional ignition in the (v) Any other malfunction of a com- cases of flammable highly volatile liq- ponent, deviation from normal oper- uid. ation, or personnel error which could (6) Minimization of public exposure cause a hazard to persons or property. to injury and probability of accidental (2) Checking variations from normal ignition by assisting with evacuation operation after abnormal operation has of residents and assisting with halting ended at sufficient critical locations in traffic on roads and railroads in the af- the system to determine continued in- fected area, or taking other appro- tegrity and safe operation. priate action.

163

VerDate 2398 00:25 Dec 01, 1998 Jkt 179201 PO 00000 Frm 00157 Fmt 8010 Sfmt 8010 Y:\SGML\179201T.XXX pfrm09 PsN: 179201T § 195.403 49 CFR Ch. I (10–1–98 Edition)

(7) Notifying fire, police, and other (4) Take steps necessary to control appropriate public officials of hazard- any accidental release of hazardous liq- ous liquid or carbon dioxide pipeline uid or carbon dioxide and to minimize emergencies and coordinating with the potential for fire, explosion, tox- them preplanned and actual responses icity, or environmental damage; during an emergency, including addi- (5) Learn the proper use of firefight- tional precautions necessary for an ing procedures and equipment, fire emergency involving a pipeline system suits, and breathing apparatus by uti- transporting a highly volatile liquid. lizing, where feasible, a simulated pipe- (8) In the case of failure of a pipeline line emergency condition; and system transporting a highly volatile (6) In the case of maintenance per- liquid, use of appropriate instruments sonnel, to safely repair facilities using to assess the extent and coverage of appropriate special precautions, such the vapor cloud and determine the haz- as isolation and purging, when highly ardous areas. volatile liquids are involved. (9) Providing for a post accident re- (b) At intervals not exceeding 15 view of employee activities to deter- months, but at least once each cal- mine whether the procedures were ef- endar year, each operator shall: fective in each emergency and taking (1) Review with personnel their per- corrective action where deficiencies formance in meeting the objectives of are found. the training program set forth in para- (f) Safety-related condition reports. The graph (a) of this section; and manual required by paragraph (a) of (2) Make appropriate changes to the this section must include instructions training program as necessary to in- enabling personnel who perform oper- sure that it is effective. ation and maintenance activities to (c) Each operator shall require and recognize conditions that potentially verify that its supervisors maintain a may be safety-related conditions that thorough knowledge of that portion of are subject to the reporting require- the procedures established under ments of § 195.55. § 195.402 for which they are responsible [Amdt. 195–22, 46 FR 38360, July 27, 1981; 47 to insure compliance. FR 32721, July 29, 1982, as amended by Amdt. [Amdt. 195–22, 46 FR 38360, July 27, 1981; 47 195–24, 47 FR 46852, Oct. 21, 1982; Amdt. 195–39, FR 32721, July 29, 1982, as amended by Amdt. 53 FR 24951, July 1, 1988; Amdt. 195–45, 56 FR 195–24, 47 FR 46852, Oct. 21, 1982; Amdt. 195–45, 26926, June 12, 1991; Amdt. 195–46, 56 FR 31090, 56 FR 26926, June 12, 1991] July 9, 1991; Amdt. 195–49, 59 FR 6585, Feb. 11, 1994; Amdt. 195–55, 61 FR 18518, Apr. 26, 1996] § 195.404 Maps and records. § 195.403 Training. (a) Each operator shall maintain cur- (a) Each operator shall establish and rent maps and records of its pipeline conduct a continuing training program systems that include at least the fol- to instruct operating and maintenance lowing information: personnel to: (1) Location and identification of the (1) Carry out the operating and main- following pipeline facilities: tenance, and emergency procedures es- (i) Breakout tanks; tablished under § 195.402 that relate to (ii) Pump stations; their assignments; (iii) Scraper and sphere facilities; (2) Know the characteristics and haz- (iv) Pipeline valves; ards of the hazardous liquids or carbon (v) Cathodically protected facilities; dioxide transported, including, in the (vi) Facilities to which § 195.402(c)(9) case of flammable HVL, flammability applies; of mixtures with air, odorless vapors, (vii) Rights-of-way; and and water reactions; (viii) Safety devices to which § 195.428 (3) Recognize conditions that are applies. likely to cause emergencies, predict (2) All crossings of public roads, rail- the consequences of facility malfunc- roads, rivers, buried utilities, and for- tions or failures and hazardous liquid eign pipelines. or carbon dioxide spills, and to take ap- (3) The maximum operating pressure propriate corrective action; of each pipeline.

164

VerDate 2398 00:25 Dec 01, 1998 Jkt 179201 PO 00000 Frm 00158 Fmt 8010 Sfmt 8010 Y:\SGML\179201T.XXX pfrm09 PsN: 179201T Research and Special Programs Administration, DOT § 195.408

(4) The diameter, grade, type, and has been pressure tested under subpart nominal wall thickness of all pipe. E of this part. (b) Each operator shall maintain for (4) Eighty percent of the factory test at least 3 years daily operating records pressure or of the prototype test pres- that indicate— sure for any individually installed (1) The discharge pressure at each component which is excepted from pump station; and testing under § 195.304. (2) Any emergency or abnormal oper- (5) For pipelines under §§ 195.302(b)(1) ation to which the procedures under and (b)(2)(i) that have not been pres- § 195.402 apply. sure tested under subpart E of this (c) Each operator shall maintain the part, 80 percent of the test pressure or following records for the periods speci- highest operating pressure to which fied: the pipeline was subjected for 4 or more (1) The date, location, and descrip- continuous hours that can be dem- tion of each repair made to pipe shall onstrated by recording charts or logs be maintained for the useful life of the made at the time the test or operations pipe. were conducted. (2) The date, location, and descrip- (b) No operator may permit the pres- tion of each repair made to parts of the sure in a pipeline during surges or pipeline system other than pipe shall other variations from normal oper- be maintained for at least 1 year. ations to exceed 110 percent of the op- (3) A record of each inspection and erating pressure limit established test required by this subpart shall be under paragraph (a) of this section. maintained for at least 2 years or until Each operator must provide adequate the next inspection or test is per- controls and protective equipment to formed, whichever is longer. control the pressure within this limit. [Amdt. 195–22, 46 FR 38360, July 27, 1981, as [Amdt. 195–22, 46 FR 38360, July 27, 1981, as amended by Amdt. 195–33, 50 FR 15899, Apr. amended by Amdt. 195–34, 50 FR 34474, Aug. 23, 1985; 50 FR 38660, Sept. 24, 1985; Amdt. 195– 26, 1985] 51, 59 FR 29385, June 7, 1994; Amdt. 195–52, 59 FR 33397, June 28, 1994; Amdt. 195–63, 63 FR § 195.406 Maximum operating pres- 37506, July 13, 1998] sure. (a) Except for surge pressures and § 195.408 Communications. other variations from normal oper- (a) Each operator must have a com- ations, no operator may operate a pipe- munication system to provide for the line at a pressure that exceeds any of transmission of information needed for the following: the safe operation of its pipeline sys- (1) The internal design pressure of tem. the pipe determined in accordance with (b) The communication system re- § 195.106. However, for steel pipe in pipe- quired by paragraph (a) of this section lines being converted under § 195.5, if must, as a minimum, include means one or more factors of the design for- for: mula (§ 195.106) are unknown, one of the (1) Monitoring operational data as re- following pressures is to be used as de- quired by § 195.402(c)(9); sign pressure: (2) Receiving notices from operator (i) Eighty percent of the first test personnel, the public, and public au- pressure that produces yield under sec- thorities of abnormal or emergency tion N5.0 of appendix N of ASME B31.8, conditions and sending this informa- reduced by the appropriate factors in tion to appropriate personnel or gov- §§ 195.106 (a) and (e); or ernment agencies for corrective action; (ii) If the pipe is 12 3⁄4 inch (324 mm) (3) Conducting two-way vocal com- or less outside diameter and is not munication between a control center tested to yield under this paragraph, and the scene of abnormal operations 200 p.s.i. (1379 kPa) gage. and emergencies; and (2) The design pressure of any other (4) Providing communication with component of the pipeline. fire, police, and other appropriate pub- (3) Eighty percent of the test pres- lic officials during emergency condi- sure for any part of the pipeline which tions, including a natural disaster.

165

VerDate 2398 00:25 Dec 01, 1998 Jkt 179201 PO 00000 Frm 00159 Fmt 8010 Sfmt 8010 Y:\SGML\179201T.XXX pfrm09 PsN: 179201T § 195.410 49 CFR Ch. I (10–1–98 Edition)

§ 195.410 Line markers. surface conditions on or adjacent to (a) Except as provided in paragraph each pipeline right-of-way. Methods of (b) of this section, each operator shall inspection include walking, driving, place and maintain line markers over flying or other appropriate means of each buried pipeline in accordance with traversing the right-of-way. the following: (b) Except for offshore pipelines, each (1) Markers must be located at each operator shall, at intervals not exceed- public road crossing, at each railroad ing 5 years, inspect each crossing under crossing, and in sufficient number a navigable waterway to determine the along the remainder of each buried line condition of the crossing. so that its location is accurately known. [Amdt. 195–22, 46 FR 38360, July 27, 1981, as (2) The marker must state at least amended by Amdt. 195–24, 47 FR 46852, Oct. the following on a background of 21, 1982; Amdt. 195–52, 59 FR 33397, June 28, sharply contrasting color: 1994] (i) The word ‘‘Warning,’’ ‘‘Caution,’’ § 195.413 Underwater inspection and or ‘‘Danger’’ followed by the words reburial of pipelines in the Gulf of ‘‘Petroleum (or the name of the hazard- Mexico and its inlets. ous liquid transported) Pipeline’’, or ‘‘Carbon Dioxide Pipeline,’’ all of (a) Except for gathering lines of 4 1⁄2 which, except for markers in heavily inches (114 mm) nominal outside diam- developed urban areas, must be in let- eter or smaller, each operator shall, in ters at least 1 inch (25 millimeters) accordance with this section, conduct high with an approximate stroke of 1⁄4 an underwater inspection of its pipe- inch (6.4 millimeters). lines in the Gulf of Mexico and its in- (ii) The name of the operator and a lets. The inspection must be conducted telephone number (including area code) after October 3, 1989 and before Novem- where the operator can be reached at ber 16, 1992. all times. (b) If, as a result of an inspection (b) Line markers are not required for under paragraph (a) of this section, or buried pipelines located— upon notification by any person, an op- (1) Offshore or at crossings of or erator discovers that a pipeline it oper- under waterways and other bodies of water; or ates is exposed on the seabed or con- (2) In heavily developed urban areas stitutes a hazard to navigation, the op- such as downtown business centers erator shall— where— (1) Promptly, but not later than 24 (i) The placement of markers is im- hours after discovery, notify the Na- practical and would not serve the pur- tional Response Center, telephone: 1– pose for which markers are intended; 800–424–8802 of the location, and, if and available, the geographic coordinates (ii) The local government maintains of that pipeline; current substructure records. (2) Promptly, but not later than 7 (c) Each operator shall provide line days after discovery, mark the location marking at locations where the line is of the pipeline in accordance with 33 above ground in areas that are acces- CFR part 64 at the ends of the pipeline sible to the public. segment and at intervals of not over [Amdt. 195–22, 46 FR 38360, July 27, 1981, as 500 yards (457 meters) long, except that amended by Amdt. 195–27, 48 FR 25208, June a pipeline segment less than 200 yards 6, 1983; Amdt. 195–54, 60 FR 14650, Mar. 20, (183 meters) long need only be marked 1995; Amdt. 195–63, 63 FR 37506, July 13, 1998] at the center; and § 195.412 Inspection of rights-of-way (3) Within 6 months after discovery, and crossings under navigable wa- or not later than November 1 of the fol- ters. lowing year if the 6 month period is (a) Each operator shall, at intervals after November 1 of the year that the not exceeding 3 weeks, but at least 26 discovery is made, place the pipeline so times each calendar year, inspect the that the top of the pipe is 36 inches (914

166

VerDate 2398 00:25 Dec 01, 1998 Jkt 179201 PO 00000 Frm 00160 Fmt 8010 Sfmt 8010 Y:\SGML\179201T.XXX pfrm09 PsN: 179201T Research and Special Programs Administration, DOT § 195.416

millimeters) below the seabed for nor- protection, and cathodic protection mal excavation or 18 inches (457 milli- shall be provided where necessary. meters) for rock excavation. [Amdt. 195–45, 56 FR 26926, June 12, 1991, as [Amdt. 195–47, 56 FR 63771, Dec. 5, 1991, as amended by Amdt. 195–53, 59 FR 35471, July amended by Amdt. 195–52, 59 FR 33396, June 12, 1994] 28, 1994; Amdt. 195–63, 63 FR 37506, July 13, 1998] § 195.416 External corrosion control. (a) Each operator shall, at intervals § 195.414 Cathodic protection. not exceeding 15 months, but at least (a) No operator may operate a haz- once each calendar year, conduct tests ardous liquid interstate pipeline after on each buried, in contact with the March 31, 1973, a hazardous liquid ground, or submerged pipeline facility intrastate pipeline after October 19, in its pipeline system that is under ca- 1988, or a carbon dioxide pipeline after thodic protection to determine whether July 12, 1993 that has an effective ex- the protection is adequate. ternal surface coating material, unless (b) Each operator shall maintain the that pipeline is cathodically protected. test leads required for cathodic protec- This paragraph does not apply to tion in such a condition that electrical breakout tank areas and buried pump- measurements can be obtained to en- ing station piping. For the purposes of sure adequate protection. this subpart, a pipeline does not have (c) Each operator shall, at intervals an effective external coating, and shall not exceeding 21⁄2 months, but at least be considered bare, if its cathodic pro- six times each calendar year, inspect tection current requirements are sub- each of its cathodic protection rectifi- stantially the same as if it were bare. ers. (b) Each operator shall electrically (d) Each operator shall, at intervals inspect each bare hazardous liquid not exceeding 5 years, electrically in- interstate pipeline, other than a low- spect the bare pipe in its pipeline sys- stress pipeline, before April 1, 1975; tem that is not cathodically protected each bare hazardous liquid intrastate and must study leak records for that pipeline, other than a low-stress pipe- pipe to determine if additional protec- line, before October 20, 1990; each bare tion is needed. carbon dioxide pipeline before July 12, (e) Whenever any buried pipe is ex- 1994; and each bare low-stress pipeline posed for any reason, the operator shall before July 12, 1996 to determine any examine the pipe for evidence of exter- areas in which active corrosion is tak- nal corrosion. If the operator finds that ing place. The operator may not in- there is active corrosion, that the sur- crease its established operating pres- face of the pipe is generally pitted, or sure on a section of bare pipeline until that corrosion has caused a leak, it the section has been so electrically in- shall investigate further to determine spected. In any areas where active cor- the extent of the corrosion. rosion is found, the operator shall pro- (f) Any pipe that is found to be gen- vide cathodic protection. Section erally corroded so that the remaining 195.416(f) and (g) apply to all corroded wall thickness is less than the mini- pipe that is found. mum thickness required by the pipe (c) Each operator shall electrically specification tolerances must either be inspect all breakout tank areas and replaced with coated pipe that meets buried pumping station piping on haz- the requirements of this part or, if the ardous liquid interstate pipelines, area is small, must be repaired. How- other than low-stress pipelines, before ever, the operator need not replace April 1, 1973; on hazardous liquid intra- generally corroded pipe if the operat- state pipelines, other than low-stress ing pressure is reduced to be commen- pipelines, before October 20, 1988; on surate with the limits on operating carbon dioxide pipelines before July 12, pressure specified in this subpart, 1994; and on low-stress pipelines before based on the actual remaining wall July 12, 1996 as to the need for cathodic thickness.

167

VerDate 2398 00:25 Dec 01, 1998 Jkt 179201 PO 00000 Frm 00161 Fmt 8010 Sfmt 8010 Y:\SGML\179201T.XXX pfrm09 PsN: 179201T § 195.418 49 CFR Ch. I (10–1–98 Edition)

(g) If localized corrosion pitting is ness of the inhibitors or the extent of found to exist to a degree where leak- any corrosion. age might result, the pipe must be re- (d) Whenever any pipe is removed placed or repaired, or the operating from the pipeline for any reason, the pressure must be reduced commensu- operator must inspect the internal sur- rate with the strength of the pipe based face for evidence of corrosion. If the on the actual remaining wall thickness pipe is generally corroded such that in the pits. the remaining wall thickness is less (h) The strength of the pipe, based on than the minimum thickness required actual remaining wall thickness, for by the pipe specification tolerances, paragraphs (f) and (g) of this section the operator shall investigate adjacent may be determined by the procedure in pipe to determine the extent of the cor- ASME B31G manual for Determining rosion. The corroded pipe must be re- the Remaining Strength of Corroded placed with pipe that meets the re- Pipelines or by the procedure devel- quirements of this part or, based on the oped by AGA/Battelle—A Modified Cri- actual remaining wall thickness, the terion for Evaluating the Remaining operating pressure must be reduced to Strength of Corroded Pipe (with be commensurate with the limits on RSTRENG disk). Application of the operating pressure specified in this procedure in the ASME B31G manual subpart. or the AGA/Battelle Modified Criterion is applicable to corroded regions (not [Amdt. 195–22, 46 FR 38360, July 27, 1981, as amended by Amdt. 195–20B, 46 FR 38922, July penetrating the pipe wall) in existing 30, 1981; Amdt. 195–24, 47 FR 46852, Oct. 21, steel pipelines in accordance with limi- 1982; Amdt. 195–45, 56 FR 26927, June 12, 1991] tations set out in the respective proce- dures. § 195.420 Valve maintenance. (i) Each operator shall clean, coat (a) Each operator shall maintain with material suitable for the preven- each valve that is necessary for the tion of atmospheric corrosion, and, safe operation of its pipeline systems maintain this protection for, each com- in good working order at all times. ponent in its pipeline system that is (b) Each operator shall, at intervals exposed to the atmosphere. not exceeding 71⁄2 months, but at least [Amdt. 195–22, 46 FR 38360, July 27, 1981, as twice each calendar year, inspect each amended by Amdt. 195–24, 47 FR 46852, Oct. mainline valve to determine that it is 21, 1982; Amdt. 195–31, 49 FR 36384, Sept. 17, functioning properly. 1984; Amdt. 195–52, 59 FR 33397, June 28, 1994] (c) Each operator shall provide pro- § 195.418 Internal corrosion control. tection for each valve from unauthor- ized operation and from vandalism. (a) No operator may transport any hazardous liquid or carbon dioxide that [Amdt. 195–22, 46 FR 38360, July 27, 1981; 47 would corrode the pipe or other compo- FR 32721, July 29, 1982, as amended by Amdt. nents of its pipeline system, unless it 195–24, 47 FR 46852, Oct. 21, 1982] has investigated the corrosive effect of § 195.422 Pipeline repairs. the hazardous liquid or carbon dioxide on the system and has taken adequate (a) Each operator shall, in repairing steps to mitigate corrosion. its pipeline systems, insure that the re- (b) If corrosion inhibitors are used to pairs are made in a safe manner and mitigate internal corrosion the opera- are made so as to prevent damage to tor shall use inhibitors in sufficient persons or property. quantity to protect the entire part of (b) No operator may use any pipe, the system that the inhibitors are de- valve, or fitting, for replacement in re- signed to protect and shall also use pairing pipeline facilities, unless it is coupons or other monitoring equip- designed and constructed as required ment to determine their effectiveness. by this part. (c) The operator shall, at intervals § 195.424 Pipe movement. not exceeding 71⁄2 months, but at least twice each calendar year, examine cou- (a) No operator may move any line pons or other types of monitoring pipe, unless the pressure in the line equipment to determine the effective- section involved is reduced to not more

168

VerDate 2398 00:25 Dec 01, 1998 Jkt 179201 PO 00000 Frm 00162 Fmt 8010 Sfmt 8010 Y:\SGML\179201T.XXX pfrm09 PsN: 179201T Research and Special Programs Administration, DOT § 195.436

than 50 percent of the maximum oper- § 195.428 Overpressure safety devices. ating pressure. (a) Except as provided in paragraph (b) No operator may move any pipe- (b) of this section, each operator shall, line containing highly volatile liquids at intervals not exceeding 15 months, where materials in the line section in- but at least once each calendar year, or volved are joined by welding unless— in the case of pipelines used to carry (1) Movement when the pipeline does highly volatile liquids, at intervals not not contain highly volatile liquids is to exceed 71⁄2 months, but at least twice impractical; each calendar year, inspect and test (2) The procedures of the operator each pressure limiting device, relief under § 195.402 contain precautions to valve, pressure regulator, or other item protect the public against the hazard of pressure control equipment to deter- in moving pipelines containing highly mine that it is functioning properly, is volatile liquids, including the use of in good mechanical condition, and is warnings, where necessary, to evacuate adequate from the standpoint of capac- the area close to the pipeline; and ity and reliability of operation for the service in which it is used. (3) The pressure in that line section (b) In the case of relief valves on is reduced to the lower of the follow- pressure breakout tanks containing ing: highly volatile liquids, each operator (i) Fifty percent or less of the maxi- shall test each valve at intervals not mum operating pressure; or exceeding 5 years. (ii) The lowest practical level that will maintain the highly volatile liquid [Amdt. 195–22, 46 FR 38360, July 27, 1981, as amended by Amdt. 195–24, 47 FR 46852, Oct. in a liquid state with continuous flow, 21, 1982] but not less than 50 p.s.i. (345 kPa) gage above the vapor pressure of the com- § 195.430 Firefighting equipment. modity. Each operator shall maintain ade- (c) No operator may move any pipe- quate firefighting equipment at each line containing highly volatile liquids pump station and breakout tank area. where materials in the line section in- The equipment must be— volved are not joined by welding un- (a) In proper operating condition at less— all times; (1) The operator complies with para- (b) Plainly marked so that its iden- graphs (b) (1) and (2) of this section; tity as firefighting equipment is clear; and and (2) That line section is isolated to (c) Located so that it is easily acces- prevent the flow of highly volatile liq- sible during a fire. uid. § 195.432 Breakout tanks. [Amdt. 195–22, 46 FR 38360, July 27, 1981; 46 Each operator shall, at intervals not FR 38922, July 30, 1981, as amended by Amdt. exceeding 15 months, but at least once 195–63, 63 FR 37506, July 13, 1998] each calendar year, inspect each break- out tank (including atmospheric and § 195.426 Scraper and sphere facilities. pressure tanks). No operator may use a launcher or [Amdt. 195–24, 47 FR 46852, Oct. 21, 1982] receiver that is not equipped with a re- lief device capable of safely relieving § 195.434 Signs. pressure in the barrel before insertion Each operator shall maintain signs or removal of scrapers or spheres. The visible to the public around each pump- operator must use a suitable device to ing station and breakout tank area. indicate that pressure has been re- Each sign must contain the name of lieved in the barrel or must provide a the operator and an emergency tele- means to prevent insertion or removal phone number to contact. of scrapers or spheres if pressure has not been relieved in the barrel. § 195.436 Security of facilities. [Amdt. 195–22, 46 FR 38360, July 27, 1981; 47 Each operator shall provide protec- FR 32721, July 29, 1982] tion for each pumping station and

169

VerDate 2398 00:25 Dec 01, 1998 Jkt 179201 PO 00000 Frm 00163 Fmt 8010 Sfmt 8010 Y:\SGML\179201T.XXX pfrm09 PsN: 179201T § 195.438 49 CFR Ch. I (10–1–98 Edition)

breakout tank area and other exposed ator need only join one of the qualified facility (such as scraper traps) from one-call systems if there is a central vandalism and unauthorized entry. telephone number for excavators to call for excavation activities, or if the § 195.438 Smoking or open flames. one-call systems in those areas com- Each operator shall prohibit smoking municate with one another. An opera- and open flames in each pump station tor’s pipeline system must be covered area and each breakout tank area by a qualified one-call system where where there is a possibility of the leak- there is one in place. For the purpose age of a flammable hazardous liquid or of this section, a one-call system is of the presence of flammable vapors. considered a ‘‘qualified one-call sys- tem’’ if it meets the requirements of § 195.440 Public education. section (b)(1) or (b)(2) or this section. Each operator shall establish a con- (1) The state has adopted a one-call tinuing educational program to enable damage prevention program under the public, appropriate government or- § 198.37 of this chapter; or ganizations and persons engaged in ex- (2) The one-call system: cavation-related activities to recognize (i) Is operated in accordance with a hazardous liquid or a carbon dioxide pipeline emergency and to report it to § 198.39 of this chapter; the operator or the fire, police, or (ii) Provides a pipeline operator an other appropriate public officials. The opportunity similar to a voluntary par- program must be conducted in English ticipant to have a part in management and in other languages commonly un- responsibilities; and derstood by a significant number and (iii) Assesses a participating pipeline concentration of non-English speaking operator a fee that is proportionate to population in the operator’s operating the costs of the one-call system’s cov- areas. erage of the operator’s pipeline. [Amdt. 195–45, 56 FR 26927, June 12, 1991] (c) The damage prevention program required by paragraph (a) of this sec- § 195.442 Damage prevention program. tion must, at a minimum: (a) Except as provided in paragraph (1) Include the identity, on a current (d) of this section, each operator of a basis, of persons who normally engage buried pipeline must carry out, in ac- in excavation activities in the area in cordance with this section, a written which the pipeline is located. program to prevent damage to that (2) Provides for notification of the pipeline from excavation activities. public in the vicinity of the pipeline For the purpose of this section, the and actual notification of persons iden- term ‘‘excavation activities’’ includes tified in paragraph (c)(1) of this section excavation, blasting, boring, tunneling, of the following as often as needed to backfilling, the removal of above- make them aware of the damage pre- ground structures by either explosive vention program: or mechanical means, and other (i) The program’s existence and pur- earthmoving operations. pose; and (b) An operator may comply with any (ii) How to learn the location of un- of the requirements of paragraph (c) of derground pipelines before excavation this section through participation in a activities are begun. public service program, such as a one- (3) Provide a means of receiving and call system, but such participation does not relieve the operator of the re- recording notification of planned exca- sponsibility for compliance with this vation activities. section. However, an operator must (4) If the operator has buried pipe- perform the duties of paragraph (c)(3) lines in the area of excavation activity, of this section through participation in provide for actual notification of per- a one-call system, if that one-call sys- sons who give notice of their intent to tem is a qualified one-call system. In excavate of the type of temporary areas that are covered by more than marking to be provided and how to one qualified one-call system, an oper- identify the markings.

170

VerDate 2398 00:25 Dec 01, 1998 Jkt 179201 PO 00000 Frm 00164 Fmt 8010 Sfmt 8010 Y:\SGML\179201T.XXX pfrm09 PsN: 179201T Research and Special Programs Administration, DOT Pt. 195, App. A

(5) Provide for temporary marking of ally uniform minimal standards and with en- buried pipelines in the area of exca- forcement administered through a Federal- vation activity before, as far as prac- State partnership. The HLPSA leaves to ex- tical, the activity begins. clusive Federal regulation and enforcement the ‘‘interstate pipeline facilities,’’ those (6) Provide as follows for inspection used for the pipeline transportation of haz- of pipelines that an operator has rea- ardous liquids in interstate or foreign com- son to believe could be damaged by ex- merce. For the remainder of the pipeline fa- cavation activities: cilities, denominated ‘‘intrastate pipeline fa- (i) The inspection must be done as cilities,’’ the HLPSA provides that the same frequently as necessary during and Federal regulation and enforcement will after the activities to verify the integ- apply unless a State certifies that it will as- sume those responsibilities. A certified State rity of the pipeline; and must adopt the same minimal standards but (ii) In the case of blasting, any in- may adopt additional more stringent stand- spection must include leakage surveys. ards so long as they are compatible. There- (d) A damage prevention program fore, in States which participate in the haz- under this section is not required for ardous liquid pipeline safety program the following pipelines: through certification, it is necessary to dis- (1) Pipelines located offshore. tinguish the interstate from the intrastate (2) Pipelines to which access is phys- pipeline facilities. In deciding that an administratively prac- ically controlled by the operator. tical approach was necessary in distinguish- [Amdt. 195–54, 60 FR 14651, Mar. 20, 1995, as ing between interstate and intrastate liquid amended by Amdt. 195–60, 62 FR 61699, Nov. pipeline facilities and in determining how 19, 1997] best to accomplish this, DOT has logically examined the approach used in the NGPSA. § 195.444 CPM leak detection. The NGPSA defines the interstate gas pipe- line facilities subject to exclusive Federal ju- Each computational pipeline mon- risdiction as those subject to the economic itoring (CPM) leak detection system regulatory jurisdiction of the Federal En- installed on a hazardous liquid pipeline ergy Regulatory Commission (FERC). Expe- transporting liquid in single phase rience has proven this approach practical. (without gas in the liquid) must com- Unlike the NGPSA however, the HLPSA has ply with API 1130 in operating, main- no specific reference to FERC jurisdiction, but instead defines interstate liquid pipeline taining, testing, record keeping, and facilities by the more commonly used means dispatcher training of the system. of specifying the end points of the transpor- [Amdt. 195–62, 63 FR 36376, July 6, 1998] tation involved. For example, the economic regulatory jurisdiction of FERC over the EFFECTIVE DATE NOTE: By Amdt. 195–62, 63 transportation of both gas and liquids by FR 36376, July 6, 1998, § 195.444 was added, ef- pipeline is defined in much the same way. In fective July 6, 1999. implementing the HLPSA DOT has sought a practicable means of distinguishing between APPENDIX A TO PART 195—DELINEATION interstate and intrastate pipeline facilities BETWEEN FEDERAL AND STATE JU- that provide the requisite degree of certainty RISDICTION—STATEMENT OF AGENCY to Federal and State enforcement personnel POLICY AND INTERPRETATION and to the regulated entities. DOT intends that this statement of agency policy and in- In 1979, Congress enacted comprehensive terpretation provide that certainty. safety legislation governing the transpor- In 1981, DOT decided that the inventory of tation of hazardous liquids by pipeline, the liquid pipeline facilities identified as subject Hazardous Liquids Pipeline Safety Act of to the jurisdiction of FERC approximates 1979, 49 U.S.C. 2001 et seq. (HLPSA). The the HLPSA category of ‘‘interstate pipeline HLPSA expanded the existing statutory au- facilities.’’ Administrative use of the FERC thority for safety regulation, which was lim- inventory has the added benefit of avoiding ited to transportation by common carriers in the creation of a separate Federal scheme for interstate and foreign commerce, to trans- determination of jurisdiction over the same portation through facilities used in or affect- regulated entities. DOT recognizes that the ing interstate or foreign commerce. It also FERC inventory is only an approximation added civil penalty, compliance order, and and may not be totally satisfactory without injunctive enforcement authorities to the some modification. The difficulties stem existing criminal sanctions. Modeled largely from some significant differences in the eco- on the Natural Gas Pipeline Safety Act of nomic regulation of liquid and of natural gas 1968, 49 U.S.C. 1671 et seq. (NGPSA), the pipelines. There is an affirmative assertion HLPSA provides for a national hazardous of jurisdiction by FERC over natural gas liquid pipeline safety program with nation- pipelines through the issuance of certificates

171

VerDate 2398 00:25 Dec 01, 1998 Jkt 179201 PO 00000 Frm 00165 Fmt 8010 Sfmt 8002 Y:\SGML\179201T.XXX pfrm09 PsN: 179201T Pt. 195, App. A 49 CFR Ch. I (10–1–98 Edition)

of public convenience and necessity prior to with FERC for transportation from ‘‘Point commencing operations. With liquid pipe- A’’ to ‘‘Point B’’ as well as for transpor- lines, there is only a rebuttable presumption tation from ‘‘Point C’’ to ‘‘Point D.’’ DOT of jurisdiction created by the filing by pipe- will ignore filing for the line from ‘‘Point A’’ line operators of tariffs (or concurrences) for to ‘‘Point B’’ and consider the line to be movement of liquids through existing facili- intrastate. ties. Although FERC does police the filings Example 2. Same as in example 1 except for such matters as compliance with the gen- that P does not file any tariffs with FERC. eral duties of common carriers, the question DOT will assume jurisdiction of the line be- of jurisdiction is normally only aired upon tween ‘‘Point C’’ and ‘‘Point D.’’ complaint. While any person, including Example 3. Same as in example 1 except State or Federal agencies, can avail them- that P files its tariff for the line between selves of the FERC forum by use of the com- ‘‘Point C’’ and ‘‘Point D’’ not only with plaint process, that process has only been FERC but also with State X. DOT will rely rarely used to review jurisdictional matters on the FERC filing as indication of inter- (probably because of the infrequency of real state commerce. disputes on the issue). Where the issue has Example 4. Same as in example 1 except arisen, the reviewing body has noted the that the pipeline from ‘‘Point A’’ to ‘‘Point need to examine various criteria primarily of B’’ (in State X) connects with a pipeline op- an economic nature. DOT believes that, in erated by another company transports liquid most cases, the formal FERC forum can bet- between ‘‘Point B’’ (in State X) and ‘‘Point ter receive and evaluate the type of informa- D’’ (in State Y). DOT will rely on the FERC tion that is needed to make decisions of this filing as indication of interstate commerce. nature than can DOT. Example 5. Same as in example 1 except In delineating which liquid pipeline facili- that the line between ‘‘Point C’’ and ‘‘Point ties are interstate pipeline facilities within D’’ has a lateral line connected to it. The the meaning of the HLPSA, DOT will gen- lateral is located entirely with State X. DOT erally rely on the FERC filings; that is, if will rely on the existence or non-existence of there is a tariff or concurrence filed with a FERC filing covering transportation over FERC governing the transportation of haz- that lateral as determinative of interstate ardous liquids over a pipeline facility or if commerce. there has been an exemption from the obliga- Example 6. Same as in example 1 except tion to file tariffs obtained from FERC, then that the certified agency in State X has DOT will, as a general rule, consider the fa- brought an enforcement action (under the cility to be an interstate pipeline facility pipeline safety laws) against P because of its within the meaning of the HLPSA. The types operation of the line between ‘‘Point A’’ and of situations in which DOT will ignore the ‘‘Point B’’. P has successfully defended existence or non-existence of a filing with against the action on jurisdictional grounds. FERC will be limited to those cases in which DOT will assume jurisdiction if necessary to it appears obvious that a complaint filed avoid the anomaly of a pipeline subject to with FERC would be successful or in which neither State or Federal safety enforcement. blind reliance on a FERC filing would result DOT’s assertion of jurisdiction in such a case in a situation clearly not intended by the would be based on the gap in the state’s en- HLPSA such as a pipeline facility not being forcement authority rather than a DOT deci- subject to either State or Federal safety reg- sion that the pipeline is an interstate pipe- ulation. DOT anticipates that the situations line facility. in which there is any question about the va- Example 7. Pipeline Company P operates a lidity of the FERC filings as a ready ref- pipeline that originates on the Outer Con- erence will be few and that the actual vari- tinental Shelf. P does not file any tariff for ations from reliance on those filings will be that line with FERC. DOT will consider the rare. The following examples indicate the pipeline to be an interstate pipeline facility. types of facilities which DOT believes are Example 8. Pipeline Company P is con- interstate pipeline facilities subject to the structing a pipeline from ‘‘Point C’’ (in State HLPSA despite the lack of a filing with X) to ‘‘Point D’’ (in State Y). DOT will con- FERC and the types of facilities over which sider the pipeline to be an interstate pipeline DOT will generally defer to the jurisdiction facility. of a certifying state despite the existence of Example 9. Pipeline company P is con- a filing with FERC. structing a pipeline from ‘‘Point C’’ to Example 1. Pipeline company P operates a ‘‘Point E’’ (both in State X) but intends to pipeline from ‘‘Point A’’ located in State X file tariffs with FERC in the transportation to ‘‘Point B’’ (also in X). The physical facili- of hazardous liquid in interstate commerce. ties never cross a state line and do not con- Assuming there is some connection to an nect with any other pipeline which does interstate pipeline facility, DOT will con- cross a state line. Pipeline company P also sider this line to be an interstate pipeline fa- operates another pipeline between ‘‘Point C’’ cility. in State X and ‘‘Point D’’ in an adjoining Example 10. Pipeline Company P has oper- State Y. Pipeline company P files a tariff ated a pipeline subject to FERC economic

172

VerDate 2398 00:25 Dec 01, 1998 Jkt 179201 PO 00000 Frm 00166 Fmt 8010 Sfmt 8002 Y:\SGML\179201T.XXX pfrm09 PsN: 179201T Research and Special Programs Administration, DOT § 198.11

regulation. Solely because of some statutory Adopt means establish under State economic deregulation, that pipeline is no law by statute, regulation, license, cer- longer regulated by FERC. DOT will con- tification, order, or any combination of tinue to consider that pipeline to be an these legal means. interstate pipeline facility. As seen from the examples, the types of Excavation activity means an exca- situations in which DOT will not defer to the vation activity defined in § 192.614(a) of FERC regulatory scheme are generally clear- this chapter, other than a specific ac- cut cases. For the remainder of the situa- tivity the State determines would not tions where variation from the FERC scheme be expected to cause physical damage would require DOT to replicate the forum al- to underground facilities. ready provided by FERC and to consider eco- Excavator means any person intend- nomic factors better left to that agency, ing to engage in an excavation activ- DOT will decline to vary its reliance on the FERC filings unless, of course, not doing so ity. would result in situations clearly not in- One-call notification system means a tended by the HLPSA. communication system that qualifies under this part and the one-call dam- [Amdt. 195–33, 50 FR 15899, Apr. 23, 1985] age prevention program of the State concerned in which an operational cen- PARTS 196–197—[RESERVED] ter receives notices from excavators of intended excavation activities and PART 198—REGULATIONS FOR transmits the notices to operators of GRANTS TO AID STATE PIPELINE underground pipeline facilities and SAFETY PROGRAMS other underground facilities that par- ticipate in the system. Subpart A—General Person means any individual, firm, joint venture, partnership, corporation, Sec. association, state, municipality, coop- 198.1 Scope. erative association, or joint stock asso- 198.3 Definitions. ciation, and including any trustee, re- ceiver, assignee, or personal represent- Subpart B—Grant Allocation ative thereof. 198.11 Grant authority. Underground pipeline facilities means 198.13 Grant allocation formula. buried pipeline facilities used in the transportation of gas or hazardous liq- Subpart C—Adoption of One-Call Damage uid subject to the pipeline safety laws Prevention Program (49 U.S.C. 60101 et seq.). 198.31 Scope. Secretary means the Secretary of 198.33 [Reserved] Transportation or any person to whom 198.35 Grants conditioned on adoption of the Secretary of Transportation has one-call damage prevention program. delegated authority in the matter con- 198.37 State one-call damage prevention cerned. program. Seeking to adopt means actively and 198.39 Qualifications for operation of one- effectively proceeding toward adoption. call notification system. State means each of the several AUTHORITY: 49 U.S.C. 60105, 60106, 60114; States, the District of Columbia, and and 49 CFR 1.53. the Commonwealth of Puerto Rico. SOURCE: 55 FR 38691, Sept. 20, 1990, unless [55 FR 38691, Sept. 20, 1990, as amended by otherwise noted. Amdt. 198–2, 61 FR 18518, Apr. 26, 1996]

Subpart A—General Subpart B—Grant Allocation § 198.1 Scope. SOURCE: Amdt. 198–1, 58 FR 10988, Feb. 23, This part prescribes regulations gov- 1993, unless otherwise noted. erning grants-in-aid for State pipeline safety compliance programs. § 198.11 Grant authority. The pipeline safety laws (49 U.S.C. § 198.3 Definitions. 60101 et seq.) authorize the Adminis- As used in this part: trator to pay out funds appropriated or

173

VerDate 2398 00:25 Dec 01, 1998 Jkt 179201 PO 00000 Frm 00167 Fmt 8010 Sfmt 8010 Y:\SGML\179201T.XXX pfrm09 PsN: 179201T