[Title 49 CFR ]
[Code of Federal Regulations (annual edition) - October 1, 2003 Edition]
[From the U.S. Government Printing Office]
[[Page i]]
49
Parts 186 to 199
Revised as of October 1, 2003
Transportation
Containing a codification of documents of general
applicability and future effect
As of October 1, 2003
With Ancillaries
Published by
Office of the Federal Register
National Archives and Records
Administration
A Special Edition of the Federal Register
[[Page ii]]
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[[Page iii]]
Table of Contents
Page
Explanation................................................. v
Title 49:
Subtitle B--Other Regulations Relating to Transportation
(Continued)
Chapter I--Research and Special Programs
Administration, Department of Transportation
(Continued) 5
Finding Aids:
Material Approved for Incorporation by Reference........ 203
Table of CFR Titles and Chapters........................ 209
Alphabetical List of Agencies Appearing in the CFR...... 227
List of CFR Sections Affected........................... 237
[[Page iv]]
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Cite this Code: CFR
To cite the regulations in
this volume use title,
part and section number.
Thus, 49 CFR 190.1 refers
to title 49, part 190,
section 1.
----------------------------
[[Page v]]
EXPLANATION
The Code of Federal Regulations is a codification of the general and
permanent rules published in the Federal Register by the Executive
departments and agencies of the Federal Government. The Code is divided
into 50 titles which represent broad areas subject to Federal
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name of the issuing agency. Each chapter is further subdivided into
parts covering specific regulatory areas.
Each volume of the Code is revised at least once each calendar year
and issued on a quarterly basis approximately as follows:
Title 1 through Title 16.................................as of January 1
Title 17 through Title 27..................................as of April 1
Title 28 through Title 41...................................as of July 1
Title 42 through Title 50................................as of October 1
The appropriate revision date is printed on the cover of each
volume.
LEGAL STATUS
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HOW TO USE THE CODE OF FEDERAL REGULATIONS
The Code of Federal Regulations is kept up to date by the individual
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To determine whether a Code volume has been amended since its
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OMB CONTROL NUMBERS
The Paperwork Reduction Act of 1980 (Pub. L. 96-511) requires
Federal agencies to display an OMB control number with their information
collection request.
[[Page vi]]
Many agencies have begun publishing numerous OMB control numbers as
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OBSOLETE PROVISIONS
Provisions that become obsolete before the revision date stated on
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January 1, 2001, consult either the List of CFR Sections Affected, 1949-
1963, 1964-1972, 1973-1985, or 1986-2000, published in 11 separate
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INCORPORATION BY REFERENCE
What is incorporation by reference? Incorporation by reference was
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This material, like any other properly issued regulation, has the force
of law.
What is a proper incorporation by reference? The Director of the
Federal Register will approve an incorporation by reference only when
the requirements of 1 CFR part 51 are met. Some of the elements on which
approval is based are:
(a) The incorporation will substantially reduce the volume of
material published in the Federal Register.
(b) The matter incorporated is in fact available to the extent
necessary to afford fairness and uniformity in the administrative
process.
(c) The incorporating document is drafted and submitted for
publication in accordance with 1 CFR part 51.
Properly approved incorporations by reference in this volume are
listed in the Finding Aids at the end of this volume.
What if the material incorporated by reference cannot be found? If
you have any problem locating or obtaining a copy of material listed in
the Finding Aids of this volume as an approved incorporation by
reference, please contact the agency that issued the regulation
containing that incorporation. If, after contacting the agency, you find
the material is not available, please notify the Director of the Federal
Register, National Archives and Records Administration, Washington DC
20408, or call (202) 741-6010.
CFR INDEXES AND TABULAR GUIDES
A subject index to the Code of Federal Regulations is contained in a
separate volume, revised annually as of January 1, entitled CFR Index
and Finding Aids. This volume contains the Parallel Table of Statutory
Authorities and Agency Rules (Table I). A list of CFR titles, chapters,
and parts and an alphabetical list of agencies publishing in the CFR are
also included in this volume.
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that volume.
The Federal Register Index is issued monthly in cumulative form.
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the daily Federal Register.
A List of CFR Sections Affected (LSA) is published monthly, keyed to
the revision dates of the 50 CFR titles.
[[Page vii]]
REPUBLICATION OF MATERIAL
There are no restrictions on the republication of material appearing
in the Code of Federal Regulations.
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Raymond A. Mosley,
Director,
Office of the Federal Register.
October 1, 2003.
[[Page ix]]
THIS TITLE
Title 49--Transportation is composed of eight volumes. The parts in
these volumes are arranged in the following order: Parts 1-99, parts
100-185, parts 186-199, parts 200-399, parts 400-599, parts 600-999,
parts 1000-1199, part 1200 to End. The first volume (parts 1-99)
contains current regulations issued under subtitle A--Office of the
Secretary of Transportation; the second volume (parts 100-185) and the
third volume (parts 186-199) contain the current regulations issued
under chapter I--Research and Special Programs Administration (DOT); the
fourth volume (parts 200-399) contains the current regulations issued
under chapter II--Federal Railroad Administration (DOT) and chapter III-
-Federal Motor Carrier Safety Administration (DOT); the fifth volume
(parts 400-599) contains the current regulations issued under chapter
IV--Coast Guard (DHS) and chapter V--National Highway Traffic Safety
Administration (DOT); the sixth volume (parts 600-999) contains the
current regulations issued under chapter VI--Federal Transit
Administration (DOT), chapter VII--National Railroad Passenger
Corporation (AMTRAK), and chapter VIII--National Transportation Safety
Board; the seventh volume (parts 1000-1199) contains the current
regulations issued under chapter X--Surface Transportation Board (DOT);
and the eighth volume (part 1200 to End) contains the current
regulations issued under chapter X--Surface Transportation Board,
chapter XI--Bureau of Transportation Statistics, and chapter XII--
Transportation Security Administration, Department of Homeland Security.
The contents of these volumes represent all current regulations codified
under this title of the CFR as of October 1, 2003.
In the volume containing parts 100-185, see Sec. 172.101 for the
Hazardous Materials Table. The Federal Motor Vehicle Safety Standards
appear in part 571.
[[Page x]]
[[Page 1]]
TITLE 49--TRANSPORTATION
(This book contains parts 186 to 199)
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Editorial Note: Other regulations issued by the Department of
Transportation appear in 14 CFR chapters I and II, 23 CFR, 33 CFR
chapters I and IV, 44 CFR chapter IV, 46 CFR chapters I through III, 48
CFR chapter 12, and 49 CFR chapters I through VI.
Part
SUBTITLE B--Other Regulations Relating To Transportation (Continued)
chapter I--Research and Special Programs Administration,
Department of Transportation (Continued).................. 190
[[Page 3]]
Subtitle B--Other Regulations Relating to Transportation (Continued)
--------------------------------------------------------------------
[[Page 5]]
CHAPTER I--RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION, DEPARTMENT OF
TRANSPORTATION (CONTINUED)
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SUBCHAPTER D--PIPELINE SAFETY
Part Page
190 Pipeline safety programs and rulemaking
procedures.............................. 7
191 Transportation of natural and other gas by
pipeline; annual reports, incident
reports, and safety-related condition
reports................................. 22
192 Transportation of natural and other gas by
pipeline: minimum Federal safety
standards............................... 27
193 Liquefied natural gas facilities: Federal
safety standards........................ 95
194 Response plans for onshore oil pipelines.... 114
195 Transportation of hazardous liquids by
pipeline................................ 123
196-197 [Reserved]
198 Regulations for grants to aid state pipeline
safety programs......................... 182
199 Drug and alcohol testing.................... 184
[[Page 7]]
SUBCHAPTER D--PIPELINE SAFETY
PART 190 --PIPELINE SAFETY PROGRAMS AND RULEMAKING PROCEDURES--Table of Contents
Subpart A--General
Sec.
190.1 Purpose and scope.
190.3 Definitions.
190.5 Service.
190.7 Subpoenas; witness fees.
190.9 Petitions for finding or approval.
190.11 Availability of informal guidance and interpretive assistance.
Subpart B--Enforcement
190.201 Purpose and scope.
190.203 Inspections.
190.205 Warning letters.
190.207 Notice of probable violation.
190.209 Response options.
190.211 Hearing.
190.213 Final order.
190.215 Petitions for reconsideration.
Compliance Orders
190.217 Compliance orders generally.
190.219 Consent order.
Civil Penalties
190.221 Civil penalties generally.
190.223 Maximum penalties.
190.225 Assessment considerations.
190.227 Payment of penalty.
Criminal Penalties
190.229 Criminal penalties generally.
190.231 Referral for prosecution.
Specific Relief
190.233 Hazardous facility orders.
190.235 Injunctive action.
190.237 Amendment of plans or procedures.
Subpart C--Procedures for Adoption of Rules
190.301 Scope.
190.303 Delegations.
190.305 Regulatory dockets.
190.307 Records.
190.309 Where to file petitions.
190.311 General.
190.313 Initiation of rulemaking.
190.315 Contents of notices of proposed rulemaking.
190.317 Participation by interested persons.
190.319 Petitions for extension of time to comment.
190.321 Contents of written comments.
190.323 Consideration of comments received.
190.325 Additional rulemaking proceedings.
190.327 Hearings.
190.329 Adoption of final rules.
190.331 Petitions for rulemaking.
190.333 Processing of petition.
190.335 Petitions for reconsideration.
190.337 Proceedings on petitions for reconsideration.
190.338 Appeals.
190.339 Direct final rulemaking.
Authority: 33 U.S.C. 1321; 49 U.S.C. 5101-5127, 60101 et seq.; Sec.
212-213, Pub. L. 104-121, 110 Stat. 857; 49 CFR 1.53.
Source: 45 FR 20413, Mar. 27, 1980, unless otherwise noted.
Subpart A--General
Sec. 190.1 Purpose and scope.
(a) This part prescribes procedures used by the Research and Special
Programs Administration in carrying out duties regarding pipeline safety
under 49 U.S.C. 60101 et seq. (the pipeline safety laws) and 49 U.S.C.
5101 et seq. (the hazardous material transportation laws).
(b) This subpart defines certain terms and prescribes procedures
that are applicable to each proceeding described in this part.
[45 FR 20413, Mar. 27, 1980, as amended by Amdt. 190-6, 61 FR 18512,
Apr. 26, 1996]
Sec. 190.3 Definitions.
As used in this part:
Administrator means the Administrator, Research and Special Programs
Administration or his or her delegate.
Hearing means an informal conference or a proceeding for oral
presentation. Unless otherwise specifically prescribed in this part, the
use of ``hearing'' is not intended to require a hearing on the record in
accordance with section 554 of title 5, U.S.C.
OPS means the Office of Pipeline Safety, which is part of the
Research and Special Programs Administration, U.S. Department of
Transportation.
Person means any individual, firm, joint venture, partnership,
corporation,
[[Page 8]]
association, State, municipality, cooperative association, or joint
stock association, and includes any trustee, receiver, assignee, or
personal representative thereof.
Presiding Official means the person who conducts any hearing
relating to civil penalty assessments, compliance orders or hazardous
facility orders.
Regional Director means the head of any one of the Regional Offices
of the Office of Pipeline Safety, or a designee appointed by the
Regional Director. Regional Offices are located in Washington, DC
(Eastern Region); Atlanta, Georgia (Southern Region); Kansas City,
Missouri (Central Region); Houston, Texas (Southwest Region); and
Lakewood, Colorado (Western Region).
Respondent means a person upon whom the OPS has served a notice of
probable violation.
RSPA means the Research and Special Programs Administration of the
United States Department of Transportation.
State means a State of the United States, the District of Columbia
and the Commonwealth of Puerto Rico.
[Amdt. 190-6, 61 FR 18513, Apr. 26, 1996, as amended at 68 FR 11749,
Mar. 12, 2003]
Sec. 190.5 Service.
(a) Each order, notice, or other document required to be served
under this part shall be served personally or by registered or certified
mail.
(b) Service upon a person's duly authorized representative or agent
constitutes service upon that person.
(c) Service by registered or certified mail is complete upon
mailing. An official U. S. Postal Service receipt from the registered or
certified mailing constitutes prima facie evidence of service.
Sec. 190.7 Subpoenas; witness fees.
(a) The Administrator, RSPA, the Chief Counsel, RSPA, or the
official designated by the Administrator, RSPA, to preside over a
hearing convened in accordance with this part, may sign and issue
subpoenas individually on their own initiative or, upon request and
adequate showing by any person participating in the proceeding that the
information sought will materially advance the proceeding.
(b) A subpoena may require the attendance of a witness, or the
production of documentary or other tangible evidence in the possession
or under the control of person served, or both.
(c) A subpoena may be served personally by any person who is not an
interested person and is not less than 18 years of age, or by certified
or registered mail.
(d) Service of a subpoena upon the person named therein shall be
made by delivering a copy of the subpoena to such person and by
tendering the fees for one day's attendance and mileage as specified by
paragraph (g) of this section. When a subpoena is issued at the instance
of any officer or agency of the United States, fees and mileage need not
be tendered at the time of service. Delivery of a copy of a subpoena and
tender of the fees to a natural person may be made by handing them to
the person, leaving them at the person's office with the person in
charge thereof, leaving them at the person's dwelling place or usual
place of abode with some person of suitable age and discretion then
residing therein, by mailing them by registered or certified mail to the
person at the last known address, or by any method whereby actual notice
is given to the person and the fees are made available prior to the
return date.
(e) When the person to be served is not a natural person, delivery
of a copy of the subpoena and tender of the fees may be effected by
handing them to a designated agent or representative for service, or to
any officer, director, or agent in charge of any office of the person,
or by mailing them by registered or certified mail to that agent or
representative and the fees are made available prior to the return date.
(f) The original subpoena bearing a certificate of service shall be
filed with the official having responsibility for the proceeding in
connection with which the subpoena was issued.
(g) A subpoenaed witness shall be paid the same fees and mileage as
would be paid to a witness in a proceeding in the district courts of the
United States. The witness fees and mileage shall be paid by the person
at whose instance the subpoena was issued.
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(h) Notwithstanding the provisions of paragraph (g) of this section,
and upon request, the witness fees and mileage may be paid by the RSPA
if the official who issued the subpoena determines on the basis of good
cause shown, that:
(1) The presence of the subpoenaed witness will materially advance
the proceeding; and
(2) The person at whose instance the subpoena was issued would
suffer a serious hardship if required to pay the witness fees and
mileage.
(i) Any person to whom a subpoena is directed may, prior to the time
specified therein for compliance, but in no event more than 10 days
after the date of service of such subpoena, apply to the official who
issued the subpoena, or if the person is unavailable, to the
Administrator, RSPA to quash or modify the subpoena. The application
shall contain a brief statement of the reasons relied upon in support of
the action sought therein. The Administrator, RSPA, or this issuing
official, as the case may be, may:
(1) Deny the application;
(2) Quash or modify the subpoena; or
(3) Condition a grant or denial of the application to quash or
modify the subpoena upon the satisfaction of certain just and reasonable
requirements. The denial may be summary.
(j) Upon refusal to obey a subpoena served upon any person under the
provisions of this section, the RSPA may request the Attorney General to
seek the aid of the U. S. District Court for any District in which the
person is found to compel that person, after notice, to appear and give
testimony, or to appear and produce the subpoenaed documents before the
RSPA, or both.
[45 FR 20413, Mar. 27, 1980, as amended by Amdt. 190-6, 61 FR 18513,
Apr. 26, 1996; Amdt. 190-7, 63 FR 7722, Feb. 17, 1998]
Sec. 190.9 Petitions for finding or approval.
(a) In circumstances where a rule contained in parts 192, 193 and
195 of this chapter authorizes the Administrator to make a finding or
approval, an operator may petition the Administrator for such a finding
or approval.
(b) Each petition must refer to the rule authorizing the action
sought and contain information or arguments that justify the action.
Unless otherwise specified, no public proceeding is held on a petition
before it is granted or denied. After a petition is received, the
Administrator or participating state agency notifies the petitioner of
the disposition of the petition or, if the request requires more
extensive consideration or additional information or comments are
requested and delay is expected, of the date by which action will be
taken.
(1) For operators seeking a finding or approval involving intrastate
pipeline transportation, petitions must be sent to:
(i) The State agency certified to participate under 49 U.S.C. 60105.
(ii) Where there is no state agency certified to participate, the
Administrator, Research and Special Programs Administration, 400 7th
Street SW., Washington, DC 20590.
(2) For operators seeking a finding or approval involving interstate
pipeline transportation, petitions must be sent to the Administrator,
Research and Special Programs Administration, 400 7th Street SW.,
Washington, DC 20590.
(c) All petitions must be received at least 90 days prior to the
date by which the operator requests the finding or approval to be made.
(d) The Administrator will make all findings or approvals of
petitions initiated under this section. A participating state agency
receiving petitions initiated under this section shall provide the
Administrator a written recommendation as to the disposition of any
petition received by them. Where the Administrator does not reverse or
modify a recommendation made by a state agency within 10 business days
of its receipt, the recommended disposition shall constitute the
Administrator's decision on the petition.
[Amdt. 190-5, 59 FR 17280, Apr. 12, 1994, as amended by Amdt. 190-6, 61
FR 18513, Apr. 26, 1996]
Sec. 190.11 Availability of informal guidance and interpretive assistance.
(a) Availability of telephonic and Internet assistance. (1) RSPA has
established a website on the Internet and a telephone line at the Office
of Pipeline
[[Page 10]]
Safety headquarters where small operators and others can obtain
information on and advice about compliance with pipeline safety
regulations, 49 CFR parts 190-199. The website and telephone line are
staffed by personnel from RSPA's Office of Pipeline Safety from 9:00
a.m. through 5:00 p.m., Eastern time, Monday through Friday, except
Federal holidays. When the lines are not staffed, individuals may leave
a recorded voicemail message, or post a message at the OPS website. All
messages will receive a response by the following business day. The
telephone number for the OPS information line is (202) 366-0918 and the
OPS website can be accessed via the Internet at http://ops.dot.gov.
(2) RSPA's Office of the Chief Counsel (OCC) is available to answer
questions concerning Federal pipeline safety law, 49 U.S.C. 60101 et
seq. OCC may be contacted by telephone (202-366-4400) from 9:00 a.m. to
4:00 p.m. Eastern time, Monday through Friday, except Federal holidays.
Information and guidance concerning Federal pipeline safety law may also
be obtained by contacting OCC via the Internet at http://rspa-
atty.dot.gov.
(b) Availability of Written Interpretations. (1) A written
regulatory interpretation, response to a question, or an opinion
concerning a pipeline safety issue may be obtained by submitting a
written request to the Office of Pipeline Safety (DPS-10), RSPA, U.S.
Department of Transportation, 400 Seventh Street, SW., Washington, DC
20590-0001. The requestor must include his or her return address and
should also include a daytime telephone number.
(2) A written interpretation regarding Federal pipeline safety law,
49 U.S.C 60101 et seq., may be obtained from the Office of the Chief
Counsel, RSPA, U.S. Department of Transportation, 400 Seventh Street,
SW., Washington, DC 20590-0001. The requestor must include his or her
return address and should also include a daytime telephone number.
[62 FR 24057, May 2, 1997; 62 FR 34415, June 26, 1997]
Subpart B--Enforcement
Sec. 190.201 Purpose and scope.
(a) This subpart describes the enforcement authority and sanctions
exercised by the Associate Administrator, OPS for achieving and
maintaining pipeline safety. It also prescribes the procedures governing
the exercise of that authority and the imposition of those sanctions.
(b) A person who is the subject of action pursuant to this subpart
may be represented by legal counsel at all stages of the proceeding.
[45 FR 20413, Mar. 27, 1980, as amended by Amdt. 190-6, 61 FR 18513,
Apr. 26, 1996]
Sec. 190.203 Inspections.
(a) Officers, employees, or agents authorized by the Associate
Administrator for Pipeline Safety, RSPA, upon presenting appropriate
credentials, are authorized to enter upon, inspect, and examine, at
reasonable times and in a reasonable manner, the records and properties
of persons to the extent such records and properties are relevant to
determining the compliance of such persons with the requirements of 49
U.S.C. 60101 et seq., or regulations or orders issued thereunder.
(b) Inspections are ordinarily conducted pursuant to one of the
following:
(1) Routine scheduling by the Regional Director of the Region in
which the facility is located;
(2) A complaint received from a member of the public;
(3) Information obtained from a previous inspection;
(4) Report from a State Agency participating in the Federal Program
under 49 U.S.C. 60105;
(5) Pipeline accident or incident; or
(6) Whenever deemed appropriate by the Administrator, RSPA or his
designee.
(c) If, after an inspection, the Associate Administrator, OPS
believes that further information is needed to determine appropriate
action, the Associate Administrator, OPS may send the owner or operator
a ``Request for Specific Information'' to be answered within 45 days
after receipt of the letter.
(d) To the extent necessary to carry out the responsibilities under
49 U.S.C.
[[Page 11]]
60101 et seq., the Administrator, RSPA or the Associate Administrator,
OPS may require testing of portions of pipeline facilities that have
been involved in, or affected by, an accident. However, before
exercising this authority, the Administrator, RSPA or the Associate
Administrator, OPS shall make every effort to negotiate a mutually
acceptable plan with the owner of those facilities and, where
appropriate, the National Transportation Safety Board for performing the
testing.
(e) When the information obtained from an inspection or from other
appropriate sources indicates that further OPS action is warranted, the
OPS issues a warning letter under Sec. 190.205 or initiates one or more
of the enforcement proceedings prescribed in Sec.Sec. 190.207 through
190.235.
[45 FR 20413, Mar. 17, 1980, as amended by Amdt. 190-3, 56 FR 31090,
July 9, 1991; Amdt. 190-6, 61 FR 18513, Apr. 26, 1996; Amdt. 190-7, 61
FR 27792, June 3, 1996; Amdt. 190-7, 63 FR 7722, Feb. 17, 1998]
Sec. 190.205 Warning letters.
Upon determining that a probable violation of 49 U.S.C. 60101 et
seq. or any regulation or order issued thereunder has occurred, the
Associate Administrator, OPS, may issue a Warning Letter notifying the
owner or operator of the probable violation and advising the owner or
operator to correct it or be subject to enforcement action under
Sec.Sec. 190.207 through 190.235.
[Amdt. 190-6, 61 FR 38403, July 24, 1996]
Sec. 190.207 Notice of probable violation.
(a) Except as otherwise provided by this subpart, a Regional
Director begins an enforcement proceeding by serving a notice of
probable violation on a person charging that person with a probable
violation of 49 U.S.C. 60101 et seq. or any regulation or order issued
thereunder.
(b) A notice of probable violation issued under this section shall
include:
(1) Statement of the provisions of the laws, regulations or orders
which the respondent is alleged to have violated and a statement of the
evidence upon which the allegations are based;
(2) Notice of response options available to the respondent under
Sec. 190.209;
(3) If a civil penalty is proposed under Sec. 190.221, the amount of
the proposed civil penalty and the maximum civil penalty for which
respondent is liable under law; and
(4) If a compliance order is proposed under Sec. 190.217, a
statement of the remedial action being sought in the form of a proposed
compliance order.
(c) The Associate Administrator, OPS may amend a notice of probable
violation at any time prior to issuance of a final order under Sec.
190.213. If an amendment includes any new material allegations of fact
or proposes an increased civil penalty amount or new or additional
remedial action under Sec. 190.217, the respondent shall have the
opportunity to respond under Sec. 190.209.
[45 FR 20413, Mar. 27, 1980, as amended by Amdt. 190-6, 61 FR 18513,
Apr. 26, 1996]
Sec. 190.209 Response options.
Within 30 days of receipt of a notice of probable violation, the
respondent shall respond to the Regional Director who issued the notice
in the following way:
(a) When the notice contains a proposed civil penalty--
(1) Pay the proposed civil penalty as provided in Sec. 190.227 and
close the case with prejudice to the respondent;
(2) Submit written explanations, information or other materials in
answer to the allegations or in mitigation of the proposed civil
penalty; or
(3) Request a hearing under Sec. 190.211.
(b) When the notice contains a proposed compliance order--
(1) Agree to the proposed compliance order;
(2) Request the execution of a consent order under Sec. 190.219;
(3) Object to the proposed compliance order and submit written
explanations, information or other materials in answer to the
allegations in the notice of probable violation; or
(4) Request a hearing under Sec. 190.211.
(c) Failure of the respondent to respond in accordance with
paragraph (a) of this section or, when applicable, paragraph (c) of this
section, constitutes a waiver of the right to contest the allegations in
the notice of probable violation and authorizes the Associate
Administrator, OPS, without further notice to the respondent, to
[[Page 12]]
find facts to be as alleged in the notice of probable violation and to
issue a final order under Sec. 190.213.
[45 FR 20413, Mar. 27, 1980, as amended by Amdt. 190-1, 53 FR 1635, Jan.
21, 1988; Amdt. 190-6, 61 FR 18513, Apr. 26, 1996; Amdt. 190-7, 61 FR
27792, June 3, 1996; Amdt. 190-7, 63 FR 7722, Feb. 17, 1998]
Sec. 190.211 Hearing.
(a) A request for a hearing provided for in this part must be
accompanied by a statement of the issues that the respondent intends to
raise at the hearing. The issues may relate to the allegations in the
notice, the proposed corrective action (including a proposed amendment,
a proposed compliance order, or a proposed hazardous facility order), or
the proposed civil penalty amount. A respondent's failure to specify an
issue may result in waiver of the respondent's right to raise that issue
at the hearing. The respondent's request must also indicate whether or
not the respondent will be represented by counsel at the hearing.
(b) A telephone hearing will be held if the amount of the proposed
civil penalty or the cost of the proposed corrective action is less than
$10,000, unless the respondent submits a written request for an in-
person hearing. Hearings are held in a location agreed upon by the
presiding official, OPS and the respondent.
(c) An attorney from the Office of the Chief Counsel, Research and
Special Programs Administration, serves as the presiding official at the
hearing.
(d) The hearing is conducted informally without strict adherence to
rules of evidence. The respondent may submit any relevant information
and material and call witnesses on the respondent's behalf. The
respondent may also examine the evidence and witnesses presented by the
government. No detailed record of a hearing is prepared.
(e) Upon request by respondent, and whenever practicable, the
material in the case file pertinent to the issues to be determined is
provided to the respondent 30 days before the hearing. The respondent
may respond to or rebut this material at the hearing.
(f) During the hearing, the respondent may offer any facts,
statements, explanations, documents, testimony or other items which are
relevant to the issues under consideration.
(g) At the close of the respondent's presentation, the presiding
official may present or allow the presentation of any OPS rebuttal
information. The respondent may then respond to that information.
(h) After the evidence in the case has been presented, the presiding
official shall permit argument on the issues under consideration.
(i) The respondent may also request an opportunity to submit further
written materal for inclusion in the case file. The presiding official
shall allow a reasonable time for the submission of the material and
shall specify the date by which it must be submitted. If the material is
not submitted within the time prescribed, the case shall proceed to
final action without the material.
(j) After submission of all materials during and after the hearing,
the presiding official shall prepare a written recommendation as to
final action in the case. This recommendation, along with any material
submitted during and after the hearing, shall be included in the case
file which is forwarded to the Associate Administrator, OPS for final
administrative action.
[45 FR 20413, Mar. 17, 1980, as amended by Amdt. 190-3, 56 FR 31090,
July 9, 1991; Amdt. 190-6, 61 FR 18514, Apr. 26, 1996; Amdt. 190-7, 61
FR 27792, June 3, 1996]
Sec. 190.213 Final order.
(a) After a hearing under Sec. 190.211 or, if no hearing has been
held, after expiration of the 30 day response period prescribed in Sec.
190.209, the case file of an enforcement proceeding commenced under Sec.
190.207 is forwarded to the Associate Administrator, OPS for issuance of
a final order.
(b) The case file of an enforcement proceeding commenced under Sec.
190.207 includes:
(1) The inspection reports and any other evidence of alleged
violations;
(2) A copy of the notice of probable violation issued under Sec.
190.207;
(3) Material submitted by the respondent in accord with Sec. 190.209
in response to the notice of probable violation;
[[Page 13]]
(4) The Regional Director's evaluation of response material
submitted by the respondent and recommendation for final action to be
taken under this section; and
(5) In cases involving a Sec. 190.211 hearing, any material
submitted during and after the hearing and the presiding official's
recommendation for final action to be taken under this section.
(c) Based on a review of a case file described in paragraph (b) of
this section, the Associate Administrator, OPS shall issue a final order
that includes--
(1) A statement of findings and determinations on all material
issues, including a determination as to whether each alleged violation
has been proved;
(2) If a civil penalty is assessed, the amount of the penalty and
the procedures for payment of the penalty, provided that the assessed
civil penalty may not exceed the penalty proposed in the notice of
probable violation; and
(3) If a compliance order is issued, a statement of the actions
required to be taken by the respondent and the time by which such
actions must be accomplished.
(d) Except as provided by Sec. 190.215, an order issued under this
section regarding an enforcement proceeding is considered final
administrative action on that enforcement proceeding.
(e) It is the policy of the Associate Administrator, OPS to issue a
final order under this section within 45 days of receipt of the case
file, unless it is found impracticable to take action within that time.
In cases where it is so found and the delay beyond that period is
expected to be substantial, notice of that fact and the date by which it
is expected that action will be taken is issued to the respondent.
[45 FR 20413, Mar. 27, 1980, as amended by Amdt. 190-6, 61 FR 18514,
Apr. 26, 1996]
Sec. 190.215 Petitions for reconsideration.
(a) A respondent may petition the Associate Administrator, OPS for
reconsideration of a final order issued under Sec. 190.213. It is
requested, but not required, that three copies be submitted. The
petition must be received no later than 20 days after service of the
final order upon the respondent. Petitions received after that time will
not be considered. The petition must contain a brief statement of the
complaint and an explanation as to why the effectiveness of the final
order should be stayed.
(b) If the respondent requests the consideration of additional facts
or arguments, the respondent must submit the reasons they were not
presented prior to issuance of the final order.
(c) The Associate Administrator, OPS does not consider repetitious
information, arguments, or petitions.
(d) The filing of a petition under this section stays the payment of
any civil penalty assessed. However, unless the Associate Administrator,
OPS otherwise provides, the order, including any required corrective
action, is not stayed.
(e) The Associate Administrator, OPS may grant or deny, in whole or
in part, any petition for reconsideration without further proceedings.
In the event the Associate Administrator, OPS reconsiders a final order,
a final decision on reconsideration may be issued without further
proceedings, or, in the alternative, additional information, data, and
comment may be requested by the Associate Administrator, OPS as deemed
appropriate.
(f) It is the policy of the Associate Administrator, OPS to issue
notice of the action taken on a petition for reconsideration within 20
days after receipt of the petition, unless it is found impracticable to
take action within that time. In cases where it is so found and delay
beyond that period is expected to be substantial, notice of that fact
and the date by which it is expected that action will be taken is issued
to the respondent.
[Amdt. 190-6, 61 FR 18514, Apr. 26, 1996, as amended by Amdt 190-7, 61
FR 27792, June 3, 1996]
Compliance Orders
Sec. 190.217 Compliance orders generally.
When the Associate Administrator, OPS has reason to believe that a
person is engaging in conduct which involves a violation of the 49
U.S.C. 60101 et seq. or any regulation issued thereunder, and if the
nature of the violation, and the public interest warrant, the Associate
Administrator, OPS may conduct proceedings under Sec.Sec. 190.207
[[Page 14]]
through 190.213 of this part to determine the nature and extent of the
violations and to issue an order directing compliance.
[Amdt. 190-6, 61 FR 18514, Apr. 26, 1996]
Sec. 190.219 Consent order.
(a) At any time before the issuance of a compliance order under Sec.
190.213 the Associate Administrator, OPS and the respondent may agree to
dispose of the case by joint execution of a consent order. Upon such
joint execution, the consent order shall be considered a final order
under Sec. 190.213.
(b) A consent order executed under paragraph (a) of this section
shall include:
(1) An admission by the respondent of all jurisdictional facts;
(2) An express waiver of further procedural steps and of all right
to seek judicial review or otherwise challenge or contest the validity
of that order;
(3) An acknowledgement that the notice of probable violation may be
used to construe the terms of the consent order; and
(4) A statement of the actions required of the respondent and the
time by which such actions shall be accomplished.
[45 FR 20413, Mar. 27, 1980, as amended by Amdt. 190-6, 61 FR 18514,
Apr. 26, 1996]
Civil Penalties
Sec. 190.221 Civil penalties generally.
When the Associate Administrator, OPS has reason to believe that a
person has committed an act which is a violation of any provision of the
49 U.S.C. 60101 et seq. or any regulation or order issued thereunder,
proceedings under Sec.Sec. 190.207 through 190.213 may be conducted to
determine the nature and extent of the violations and to assess and, if
appropriate, compromise a civil penalty.
[Amdt. 190-6, 61 FR 18515, Apr. 26, 1996]
Sec. 190.223 Maximum penalties.
(a) Any person who is determined to have violated a provision of 49
U.S.C. 60101 et seq. or any regulation or order issued thereunder, is
subject to a civil penalty not to exceed $25,000 for each violation for
each day the violation continues except that the maximum civil penalty
may not exceed $500,000 for any related series of violations.
(b) Any person who knowingly violates a regulation or order under
this subchapter applicable to offshore gas gathering lines issued under
the authority of 49 U.S.C. 5101 et seq is liable for a civil penalty of
not more than $25,000 for each violation, and if any such violation is a
continuing one, each day of violation constitutes a separate offense.
(c) Any person who is determined to have violated any standard or
order under 49 U.S.C. 60103 shall be subject to a civil penalty of not
to exceed $50,000, which penalty shall be in addition to any other
penalties to which such person may be subject under paragraph (a) of
this section.
(d) No person shall be subject to a civil penalty under this section
for the violation of any requirement of this subchapter and an order
issued under Sec. 190.217, Sec. 190.219 or Sec. 190.233 if both
violations are based on the same act.
[45 FR 20413, Mar. 27, 1980, as amended by Amdt. 190-2, 54 FR 32344,
Aug. 7, 1989; Amdt. 190-6, 61 FR 18515, Apr. 26, 1996; 61 FR 38403, July
24, 1996]
Sec. 190.225 Assessment considerations.
The Associate Administrator, OPS assesses a civil penalty under this
part only after considering:
(a) The nature, circumstances and gravity of the violation;
(b) The degree of the respondent's culpability;
(c) The respondent's history of prior offenses;
(d) The respondent's ability to pay;
(e) Any good faith by the respondent in attempting to achieve
compliance;
(f) The effect on the respondent's ability to continue in business;
and
(g) Such other matters as justice may require.
[45 FR 20413, Mar. 27, 1980, as amended by Amdt. 190-6, 61 FR 18515,
Apr. 26, 1996]
Sec. 190.227 Payment of penalty.
(a) Except for payments exceeding $10,000, payment of a civil
penalty proposed or assessed under this subpart may be made by certified
check or
[[Page 15]]
money order (containing the CPF Number for this case) payable to ``U.S.
Department of Transportation'' to the Federal Aviation Administration,
Mike Monroney Aeronautical Center, Financial Operations Division (AMZ-
320), P.O. Box 25770, Oklahoma City, OK 73125, or by wire transfer
through the Federal Reserve Communications System (Fedwire) to the
account of the U.S. Treasury. Payments exceeding $10,000 must be made by
wire transfer. Payments, or in the case of wire transfers, notices of
payment, must be sent to the Chief, General Accounting Branch (M-86.2),
Accounting Operations Division, Office of the Secretary, room 2228,
Department of Transportation, 400 Seventh Street, SW, Washington, DC
20590.
(b) Payment of a civil penalty assessed in a final order issued
under Sec. 190.213 or affirmed in a decision on a petition for
reconsideration must be made within 20 days after receipt of the final
order or decision. Failure to do so will result in the initiation of
collection action, including the accrual of interest and penalties, in
accordance with 31 U.S.C. 3717 and 49 CFR part 89.
[Amdt. 190-7, 61 FR 27792, June 3, 1996]
Criminal Penalties
Sec. 190.229 Criminal penalties generally.
(a) Any person who willfully and knowingly violates a provision of
49 U.S.C. 60101 et seq. or any regulation or order issued thereunder
shall upon conviction be subject for each offense to a fine of not more
than $25,000 and imprisonment for not more than five years, or both.
(b) Any person who willfully violates a regulation or order under
this subchapter issued under the authority of 49 U.S.C. 5101 et seq. as
applied to offshore gas gathering lines shall upon conviction be subject
for each offense to a fine of not more than $25,000, imprisonment for a
term not to exceed 5 years, or both.
(c) Any person who willfully and knowingly injures or destroys, or
attempts to injure or destroy, any interstate transmission facility or
any interstate pipeline facility (as those terms are defined in 49
U.S.C. 60101 et seq.) shall, upon conviction, be subject for each
offense to a fine of not more than $25,000, imprisonment for a term not
to exceed 15 years, or both.
(d) Any person who willfully and knowingly defaces, damages,
removes, destroys any pipeline sign, right-of-way marker, or marine buoy
required by 49 U.S.C. 60101 et seq. or 49 U.S.C. 5101 et seq., or any
regulation or order issued thereunder shall, upon conviction, be subject
for each offense to a fine of not more than $5,000, imprisonment for a
term not to exceed 1 year, or both.
(e) No person shall be subject to criminal penalties under paragraph
(a) of this section for violation of any regulation and the violation of
any order issued under Sec. 190.217, Sec. 190.219 or Sec. 190.229 if
both violations are based on the same act.
[45 FR 20413, Mar. 27, 1980, as amended by Amdt. 190-2, 54 FR 32344,
Aug. 7, 1989; Amdt. 190-4, 56 FR 63770, Dec. 5, 1991; Amdt. 190-6, 61 FR
18515, Apr. 26, 1996]
Sec. 190.231 Referral for prosecution.
If an employee of the Research and Special Programs Administration
becomes aware of any actual or possible activity subject to criminal
penalties under Sec. 190.229, the employee reports it to the Office of
the Chief Counsel, Research and Special Programs Administration, U.S.
Department of Transportation, Washington, DC 20590. The Chief Counsel
refers the report to OPS for investigation. Upon completion of the
investigation and if appropriate, the Chief Counsel refers the report to
the Department of Justice for criminal prosecution of the offender.
[Amdt. 190-6, 61 FR 18515, Apr. 26, 1996]
Specific Relief
Sec. 190.233 Hazardous facility orders.
(a) Except as provided by paragraph (b) of this section, if the
Associate Administrator, OPS finds, after reasonable notice and
opportunity for hearing in accord with paragraph (c) of this section,
and Sec. 190.211(a), a particular pipeline facility to be hazardous to
life or property, the Associate Administrator, OPS shall issue an order
pursuant to this section requiring the owner or operator of the facility
to take corrective action. Corrective action may
[[Page 16]]
include suspended or restricted use of the facility, physical
inspection, testing, repair, replacement, or other action, as
appropriate.
(b) The Associate Administrator, OPS may waive the requirement for
notice and hearing under paragraph (a) of this section before issuing an
order pursuant to this section when the Associate Administrator, OPS
determines that the failure to do so would result in the likelihood of
serious harm to life or property. However, the Associate Administrator,
OPS shall include in the order an opportunity for hearing as soon as
practicable after issuance of the order. The provisions of paragraph
(c)(2) of this section apply to an owner or operator's decision to
exercise such an opportunity for hearing. The purpose of such a post-
order hearing is for the Associate Administrator, OPS to determine
whether the order should remain in effect or be rescinded or suspended
in accord with paragraph (g) of this section.
(c) Notice and hearing:
(1) Written notice that OPS intends to issue an order under this
section shall be served in accordance with Sec. 190.5, upon the owner or
operator of an alleged hazardous facility. The notice shall allege the
existence of a hazardous facility, stating the facts and circumstances
supporting the issuance of a ``hazardous facility order'', and providing
the owner or operator an opportunity for a hearing, identifying the time
and location of the hearing.
(2) An owner or operator elects to exercise his opportunity for a
hearing under this section, by notifying the Associate Administrator,
OPS of that election in writing within 10 days of service of the notice
provided under paragraph (c)(1) of this section or, under paragraph (b)
of this section when applicable. Absence of such written notification
waives an owner or operator's opportunity for a hearing and allows the
Associate Administrator, OPS to proceed to issue a ``hazardous facility
order'' in accordance with paragraphs (d) through (h) of this section.
(3) A hearing under this section shall be presided over by an
attorney from the Office of Chief Counsel, Research and Special Programs
Administration, acting as Presiding Official, and conducted without
strict adherence to rules of evidence. The Presiding Official presents
the allegations contained in the notice issued under this section. The
owner or operator of the alleged hazardous facility may submit any
relevant information or materials, call witnesses and present arguments
on the issue of whether or not a ``hazardous facility order'' should be
issued.
(4) Within 48 hours after conclusion of a hearing under this
section, the Presiding Official shall submit a recommendation to the
Associate Administrator, OPS as to whether or not a ``hazardous facility
order'' is required. Upon receipt of the recommendation, the Associate
Administrator, OPS shall proceed in accordance with paragraphs (d)
through (h) of this section. If the Associate Administrator, OPS finds
the facility to be hazardous to life or property the Associate
Administrator, OPS shall issue an order in accordance with this section.
If the Associate Administrator, OPS does not find the facility to be
hazardous to life or property, the Associate Administrator, OPS shall
dismiss the allegations contained in the notice, and promptly notify the
owner or operator in writing by service as prescribed in Sec. 190.5.
(d) The Associate Administrator, OPS may find a pipeline facility to
be hazardous under paragraph (a) of this section:
(1) If under the facts and circumstances the Associate
Administrator, OPS determines the particular facility is hazardous to
life or property; or
(2) If the pipeline facility or a component thereof has been
constructed or operated with any equipment, material, or technique which
the Associate Administrator, OPS determines is hazardous to life or
property, unless the operator involved demonstrates to the satisfaction
of the Associate Administrator, OPS that, under the particular facts and
circumstances involved, such equipment, material, or technique is not
hazardous to life or property.
(e) In making a determination under paragraph (d) of this section,
the Associate Administrator, OPS shall consider, if relevant:
[[Page 17]]
(1) The characteristics of the pipe and other equipment used in the
pipeline facility involved, including its age, manufacturer, physical
properties (including its resistance to corrosion and deterioration),
and the method of its manufacture, construction or assembly;
(2) The nature of the materials transported by such facility
(including their corrosive and deteriorative qualities), the sequence in
which such materials are transported, and the pressure required for such
transportation;
(3) The aspects of the areas in which the pipeline facility is
located, in particular the climatic and geologic conditions (including
soil characteristics) associated with such areas, and the population
density and population and growth patterns of such areas;
(4) Any recommendation of the National Transportation Safety Board
issued in connection with any investigation conducted by the Board; and
(5) Such other factors as the Associate Administrator, OPS may
consider appropriate.
(f) The order shall contain the following information:
(1) A finding that the pipeline facility is hazardous to life or
property.
(2) The relevant facts which form the basis for that finding.
(3) The legal basis for the order.
(4) The nature and description of particular corrective action
required of the respondent.
(5) The date by which the required action must be taken, or
completed and, where appropriate, the duration of the order.
(6) If a hearing has been waived pursuant to paragraph (b) of this
section, a statement that an opportunity for a hearing is provided at a
particular location and at a certain time after issuance of the order.
(g) The Associate Administrator, OPS shall rescind or suspend a
hazardous facility order whenever the Associate Administrator, OPS
determines that the facility is no longer hazardous to life or property.
When appropriate, however, such a rescission or suspension may be
accompanied by a notice of probable violation issued under Sec. 190.207.
(h) At any time after an order issued under this section has become
effective, the Associate Administrator, OPS may request the Attorney
General to bring an action for appropriate relief in accordance with
Sec. 190.235.
(i) Upon petition by the Attorney General, the District Courts of
the United States shall have jurisdiction, to enforce orders issued
under this section by appropriate means.
[45 FR 20413, Mar. 17, 1980, as amended by Amdt. 190-3, 56 FR 31090,
July 9, 1991; Amdt. 190-6, 61 FR 18515, Apr. 26, 1996]
Sec. 190.235 Injunctive action.
Whenever it appears to the Associate Administrator, OPS that a
person has engaged, is engaged, or is about to engage in any act or
practice constituting a violation of any provision of 49 U.S.C. 60101 et
seq. or any regulations issued thereunder, the Administrator, RSPA, or
the person to whom the authority has been delegated, may request the
Attorney General to bring an action in the appropriate U.S. District
Court for such relief as is necessary or appropriate, including
mandatory or prohibitive injunctive relief, interim equitable relief,
and punitive damages as provided under 49 U.S.C. 60120 and 49 U.S.C.
5123.
[Amdt. 190-6, 61 FR 18516, Apr. 26, 1996]
190.237 Amendment of plans or procedures.
(a) A Regional Director begins a proceeding to determine whether an
operator's plans or procedures required under parts 192, 193, 195, and
199 of this subchapter are inadequate to assure safe operation of a
pipeline facility by issuing a notice of amendment. The notice shall
provide an opportunity for a hearing under Sec. 190.211 of this part and
shall specify the alleged inadequacies and the proposed action for
revision of the plans or procedures. The notice shall allow the operator
30 days after receipt of the notice to submit written comments or
request a hearing. After considering all material presented in writing
or at the hearing, the Associate Administrator, OPS shall determine
whether the plans or procedures are inadequate as alleged and order the
[[Page 18]]
required amendment if they are inadequate, or withdraw the notice if
they are not. In determining the adequacy of an operator's plans or
procedures, the Associate Administrator, OPS shall consider:
(1) Relevant available pipeline safety data;
(2) Whether the plans or procedures are appropriate for the
particular type of pipeline transportation or facility, and for the
location of the facility;
(3) The reasonableness of the plans or procedures; and
(4) The extent to which the plans or procedures contribute to public
safety.
(b) The amendment of an operator's plans or procedures prescribed in
paragraph (a) of this section is in addition to, and may be used in
conjunction with, the appropriate enforcement actions prescribed in this
subpart.
[Amdt. 190-3, 56 FR 31090, July 9, 1991, as amended by Amdt. 190-6, 61
FR 18516, Apr. 26, 1996]
Subpart C--Procedures for Adoption of Rules
Source: Amdt. 190-8, 61 FR 50909, Sept. 27, 1996, unless otherwise
noted.
Sec. 190.301 Scope.
This subpart prescribes general rulemaking procedures for the issue,
amendment, and repeal of Pipeline Safety Program regulations of the
Research and Special Programs Administration of the Department of
Transportation.
Sec. 190.303 Delegations.
For the purposes of this subpart, Administrator means the
Administrator, Research and Special Programs Administration, or his or
her delegate.
Sec. 190.305 Regulatory dockets.
(a) Information and data considered relevant by the Administrator
relating to rulemaking actions, including notices of proposed
rulemaking; comments received in response to notices; petitions for
rulemaking and reconsideration; denials of petitions for rulemaking and
reconsideration; records of additional rulemaking proceedings under Sec.
190.325; and final regulations are maintained by the Research and
Special Programs Administration at 400 7th Street, SW, Washington, D.C.
20590-0001.
(b) Any person may examine any docketed material at the offices of
the Research and Special Programs Administration at any time during
regular business hours after the docket is established, except material
which the Administrator determines should be withheld from public
disclosure under applicable provisions of any statute administered by
the Administrator and section 552(b) of Title 5, United States Code, and
may obtain a copy of it upon payment of a fee.
Sec. 190.307 Records.
Records of the Research and Special Programs Administration relating
to rulemaking proceedings are available for inspection as provided in
section 552(b) of title 5, United States Code, and part 7 of the
Regulations of the Office of the Secretary of Transportation (part 7 of
this title).
Sec. 190.309 Where to file petitions.
Petitions for extension of time to comment submitted under Sec.
190.319, petitions for hearings submitted under Sec. 190.327, petitions
for rulemaking submitted under Sec. 190.331, and petitions for
reconsideration submitted under Sec. 190.335 must be submitted to:
Administrator, Research and Special Programs Administration, U.S.
Department of Transportation, 400 7th Street, SW., Washington, D.C.
20590-0001.
Sec. 190.311 General.
Unless the Administrator, for good cause, finds that notice is
impracticable, unnecessary, or contrary to the public interest, and
incorporates that finding and a brief statement of the reasons for it in
the rule, a notice of proposed rulemaking is issued and interested
persons are invited to participate in the rulemaking proceedings with
respect to each substantive rule.
Sec. 190.313 Initiation of rulemaking.
The Administrator initiates rulemaking on his or her own motion;
however, in so doing, the Administrator may use discretion to consider
the recommendations of other agencies of the
[[Page 19]]
United States or of other interested persons including those of any
technical advisory body established by statute for that purpose.
Sec. 190.315 Contents of notices of proposed rulemaking.
(a) Each notice of proposed rulemaking is published in the Federal
Register, unless all persons subject to it are named and are personally
served with a copy of it.
(b) Each notice, whether published in the Federal Register or
personally served, includes:
(1) A statement of the time, place, and nature of the proposed
rulemaking proceeding;
(2) A reference to the authority under which it is issued;
(3) A description of the subjects and issues involved or the
substance and terms of the proposed regulation;
(4) A statement of the time within which written comments must be
submitted; and
(5) A statement of how and to what extent interested persons may
participate in the proceeding.
Sec. 190.317 Participation by interested persons.
(a) Any interested person may participate in rulemaking proceedings
by submitting comments in writing containing information, views or
arguments in accordance with instructions for participation in the
rulemaking document.
(b) The Administrator may invite any interested person to
participate in the rulemaking proceedings described in Sec. 190.325.
(c) For the purposes of this subpart, an interested person includes
any Federal or State government agency or any political subdivision of a
State.
Sec. 190.319 Petitions for extension of time to comment.
A petition for extension of the time to submit comments must be
received not later than 10 days before expiration of the time stated in
the notice. It is requested, but not required, that three copies be
submitted. The filing of the petition does not automatically extend the
time for petitioner's comments. A petition is granted only if the
petitioner shows good cause for the extension, and if the extension is
consistent with the public interest. If an extension is granted, it is
granted to all persons, and it is published in the Federal Register.
Sec. 190.321 Contents of written comments.
All written comments must be in English. It is requested, but not
required, that five copies be submitted. Any interested person should
submit as part of written comments all material considered relevant to
any statement of fact. Incorporation of material by reference should be
avoided; however, where necessary, such incorporated material shall be
identified by document title and page.
Sec. 190.323 Consideration of comments received.
All timely comments and the recommendations of any technical
advisory body established by statute for the purpose of reviewing the
proposed rule concerned are considered before final action is taken on a
rulemaking proposal. Late filed comments are considered so far as
practicable.
Sec. 190.325 Additional rulemaking proceedings.
The Administrator may initiate any further rulemaking proceedings
that the Administrator finds necessary or desirable. For example,
interested persons may be invited to make oral arguments, to participate
in conferences between the Administrator or the Administrator's
representative and interested persons, at which minutes of the
conference are kept, to appear at informal hearings presided over by
officials designated by the Administrator at which a transcript of
minutes are kept, or participate in any other proceeding to assure
informed administrative action and to protect the public interest.
Sec. 190.327 Hearings.
(a) If a notice of proposed rulemaking does not provide for a
hearing, any interested person may petition the Administrator for an
informal hearing. The petition must be received by the Administrator not
later than 20 days before expiration of the time stated in
[[Page 20]]
the notice. The filing of the petition does not automatically result in
the scheduling of a hearing. A petition is granted only if the
petitioner shows good cause for a hearing. If a petition for a hearing
is granted, notice of the hearing is published in the Federal Register.
(b) Sections 556 and 557 of title 5, United States Code, do not
apply to hearings held under this part. Unless otherwise specified,
hearings held under this part are informal, nonadversary fact-finding
proceedings, at which there are no formal pleadings or adverse parties.
Any regulation issued in a case in which an informal hearing is held is
not necessarily based exclusively on the record of the hearing.
(c) The Administrator designates a representative to conduct any
hearing held under this subpart. The Chief Counsel designates a member
of his or her staff to serve as legal officer at the hearing.
Sec. 190.329 Adoption of final rules.
Final rules are prepared by representatives of the Office of
Pipeline Safety and the Office of the Chief Counsel. The regulation is
then submitted to the Administrator for consideration. If the
Administrator adopts the regulation, it is published in the Federal
Register, unless all persons subject to it are named and are personally
served with a copy of it.
Sec. 190.331 Petitions for rulemaking.
(a) Any interested person may petition the Associate Administrator
for Pipeline Safety to establish, amend, or repeal a substantive
regulation, or may petition the Chief Counsel to establish, amend, or
repeal a procedural regulation.
(b) Each petition filed under this section must--
(1) Summarize the proposed action and explain its purpose;
(2) State the text of the proposed rule or amendment, or specify the
rule proposed to be repealed;
(3) Explain the petitioner's interest in the proposed action and the
interest of any party the petitioner represents; and
(4) Provide information and arguments that support the proposed
action, including relevant technical, scientific or other data as
available to the petitioner, and any specific known cases that
illustrate the need for the proposed action.
(c) If the potential impact of the proposed action is substantial,
and information and data related to that impact are available to the
petitioner, the Associate Administrator or the Chief Counsel may request
the petitioner to provide--
(1) The costs and benefits to society and identifiable groups within
society, quantifiable and otherwise;
(2) The direct effects (including preemption effects) of the
proposed action on States, on the relationship between the Federal
Government and the States, and on the distribution of power and
responsibilities among the various levels of government;
(3) The regulatory burden on small businesses, small organizations
and small governmental jurisdictions;
(4) The recordkeeping and reporting requirements and to whom they
would apply; and
(5) Impacts on the quality of the natural and social environments.
(d) The Associate Administrator or Chief Counsel may return a
petition that does not comply with the requirements of this section,
accompanied by a written statement indicating the deficiencies in the
petition.
Sec. 190.333 Processing of petition.
(a) General. Unless the Associate Administrator or the Chief Counsel
otherwise specifies, no public hearing, argument, or other proceeding is
held directly on a petition before its disposition under this section.
(b) Grants. If the Associate Administrator or the Chief Counsel
determines that the petition contains adequate justification, he or she
initiates rulemaking action under this subpart.
(c) Denials. If the Associate Administrator or the Chief Counsel
determines that the petition does not justify rulemaking, the petition
is denied.
(d) Notification. The Associate Administrator or the Chief Counsel
will notify a petitioner, in writing, of the decision to grant or deny a
petition for rulemaking.
[[Page 21]]
Sec. 190.335 Petitions for reconsideration.
(a) Except as provided in Sec. 190.339(d), any interested person may
petition the Associate Administrator for reconsideration of any
regulation issued under this subpart, or may petition the Chief Counsel
for reconsideration of any procedural regulation issued under this
subpart and contained in this subpart. It is requested, but not
required, that three copies be submitted. The petition must be received
not later than 30 days after publication of the rule in the Federal
Register. Petitions filed after that time will be considered as
petitions filed under Sec. 190.331. The petition must contain a brief
statement of the complaint and an explanation as to why compliance with
the rule is not practicable, is unreasonable, or is not in the public
interest.
(b) If the petitioner requests the consideration of additional
facts, the petitioner must state the reason they were not presented to
the Associate Administrator or the Chief Counsel within the prescribed
time.
(c) The Associate Administrator or the Chief Counsel does not
consider repetitious petitions.
(d) Unless the Associate Administrator or the Chief Counsel
otherwise provides, the filing of a petition under this section does not
stay the effectiveness of the rule.
Sec. 190.337 Proceedings on petitions for reconsideration.
(a) The Associate Administrator or the Chief Counsel may grant or
deny, in whole or in part, any petition for reconsideration without
further proceedings, except where a grant of the petition would result
in issuance of a new final rule. In the event that the Associate
Administrator or the Chief Counsel determines to reconsider any
regulation, a final decision on reconsideration may be issued without
further proceedings, or an opportunity to submit comment or information
and data as deemed appropriate, may be provided. Whenever the Associate
Administrator or the Chief Counsel determines that a petition should be
granted or denied, the Office of the Chief Counsel prepares a notice of
the grant or denial of a petition for reconsideration, for issuance to
the petitioner, and the Associate Administrator or the Chief Counsel
issues it to the petitioner. The Associate Administrator or the Chief
Counsel may consolidate petitions relating to the same rules.
(b) It is the policy of the Associate Administrator or the Chief
Counsel to issue notice of the action taken on a petition for
reconsideration within 90 days after the date on which the regulation in
question is published in the Federal Register, unless it is found
impracticable to take action within that time. In cases where it is so
found and the delay beyond that period is expected to be substantial,
notice of that fact and the date by which it is expected that action
will be taken is issued to the petitioner and published in the Federal
Register.
Sec. 190.338 Appeals.
(a) Any interested person may appeal a denial of the Associate
Administrator or the Chief Counsel, issued under Sec. 190.333 or Sec.
190.337, to the Administrator.
(b) An appeal must be received within 20 days of service of written
notice to petitioner of the Associate Administrator's or the Chief
Counsel's decision, or within 20 days from the date of publication of
the decision in the Federal Register, and should set forth the contested
aspects of the decision as well as any new arguments or information.
(c) It is requested, but not required, that three copies of the
appeal be submitted to the Administrator.
(d) Unless the Administrator otherwise provides, the filing of an
appeal under this section does not stay the effectiveness of any rule.
Sec. 190.339 Direct final rulemaking.
(a) Where practicable, the Administrator will use direct final
rulemaking to issue the following types of rules:
(1) Minor, substantive changes to regulations;
(2) Incorporation by reference of the latest edition of technical or
industry standards;
(3) Extensions of compliance dates; and
(4) Other noncontroversial rules where the Administrator determines
that use of direct final rulemaking is
[[Page 22]]
in the public interest, and that a regulation is unlikely to result in
adverse comment.
(b) The direct final rule will state an effective date. The direct
final rule will also state that unless an adverse comment or notice of
intent to file an adverse comment is received within the specified
comment period, generally 60 days after publication of the direct final
rule in the Federal Register, the Administrator will issue a
confirmation document, generally within 15 days after the close of the
comment period, advising the public that the direct final rule will
either become effective on the date stated in the direct final rule or
at least 30 days after the publication date of the confirmation
document, whichever is later.
(c) For purposes of this section, an adverse comment is one which
explains why the rule would be inappropriate, including a challenge to
the rule's underlying premise or approach, or would be ineffective or
unacceptable without a change. Comments that are frivolous or
insubstantial will not be considered adverse under this procedure. A
comment recommending a rule change in addition to the rule will not be
considered an adverse comment, unless the commenter states why the rule
would be ineffective without the additional change.
(d) Only parties who filed comments to a direct final rule issued
under this section may petition under Sec. 190.335 for reconsideration
of that direct final rule.
(e) If an adverse comment or notice of intent to file an adverse
comment is received, a timely document will be published in the Federal
Register advising the public and withdrawing the direct final rule in
whole or in part. The Administrator may then incorporate the adverse
comment into a subsequent direct final rule or may publish a notice of
proposed rulemaking. A notice of proposed rulemaking will provide an
opportunity for public comment, generally a minimum of 60 days, and will
be processed in accordance with Sec.Sec. 190.311-190.329.
PART 191--TRANSPORTATION OF NATURAL AND OTHER GAS BY PIPELINE; ANNUAL REPORTS,
INCIDENT REPORTS, AND SAFETY-RELATED CONDITION REPORTS--Table of Contents
Sec.
191.1 Scope.
191.3 Definitions.
191.5 Telephonic notice of certain incidents.
191.7 Addressee for written reports.
191.9 Distribution system: Incident report.
191.11 Distribution system: Annual report.
191.13 Distribution systems reporting transmission pipelines;
transmission or gathering systems reporting distribution
pipelines.
191.15 Transmission and gathering systems: Incident report.
191.17 Transmission and gathering systems: Annual report.
191.19 Report forms.
191.21 OMB control number assigned to information collection.
191.23 Reporting safety-related conditions.
191.25 Filing safety-related condition reports.
191.27 Filing offshore pipeline condition reports.
Authority: 49 U.S.C. 5121, 60102, 60103, 60104, 60108, 60117, 60118,
and 60124; and 49 CFR 1.53.
Sec. 191.1 Scope.
(a) This part prescribes requirements for the reporting of
incidents, safety-related conditions, and annual pipeline summary data
by operators of gas pipeline facilities located in the United States or
Puerto Rico, including pipelines within the limits of the Outer
Continental Shelf as that term is defined in the Outer Continental Shelf
Lands Act (43 U.S.C. 1331).
(b) This part does not apply to--
(1) Offshore gathering of gas in State waters upstream from the
outlet flange of each facility where hydrocarbons are produced or where
produced hydrocarbons are first separated, dehydrated, or otherwise
processed, whichever facility is farther downstream;
(2) Pipelines on the Outer Continental Shelf (OCS) that are
producer-operated and cross into State waters without first connecting
to a transporting operator's facility on the OCS, upstream (generally
seaward) of the
[[Page 23]]
last valve on the last production facility on the OCS. Safety equipment
protecting RSPA-regulated pipeline segments is not excluded. Producing
operators for those pipeline segments upstream of the last valve of the
last production facility on the OCS may petition the Administrator, or
designee, for approval to operate under RSPA regulations governing
pipeline design, construction, operation, and maintenance under 49 CFR
190.9.
(3) Pipelines on the Outer Continental Shelf upstream of the point
at which operating responsibility transfers from a producing operator to
a transporting operator; or
(4) Onshore gathering of gas outside of the following areas:
(i) An area within the limits of any incorporated or unincorporated
city, town, or village.
(ii) Any designated residential or commercial area such as a
subdivision, business or shopping center, or community development.
[Amdt. 191-5, 49 FR 18960, May 3, 1984, as amended by Amdt. 191-6, 53 FR
24949, July 1, 1988; Amdt. 191-11, 61 FR 27793, June 3, 1996; Amdt. 191-
12, 62 FR 61695, Nov. 19, 1997; Amdt. 191-15, 68 FR 46111, Aug. 5, 2003]
Sec. 191.3 Definitions.
As used in this part and the RSPA Forms referenced in this part--
Administrator means the Administrator, Research and Special Programs
Administration or his or her delegate
Gas means natural gas, flammable gas, or gas which is toxic or
corrosive;
Incident means any of the following events:
(1) An event that involves a release of gas from a pipeline or of
liquefied natural gas or gas from an LNG facility and
(i) A death, or personal injury necessitating in-patient
hospitalization; or
(ii) Estimated property damage, including cost of gas lost, of the
operator or others, or both, of $50,000 or more.
(2) An event that results in an emergency shutdown of an LNG
facility.
(3) An event that is significant, in the judgement of the operator,
even though it did not meet the criteria of paragraphs (1) or (2).
LNG facility means a liquefied natural gas facility as defined in
Sec. 193.2007 of part 193 of this chapter;
Master Meter System means a pipeline system for distributing gas
within, but not limited to, a definable area, such as a mobile home
park, housing project, or apartment complex, where the operator
purchases metered gas from an outside source for resale through a gas
distribution pipeline system. The gas distribution pipeline system
supplies the ultimate consumer who either purchases the gas directly
through a meter or by other means, such as by rents;
Municipality means a city, county, or any other political
subdivision of a State;
Offshore means beyond the line of ordinary low water along that
portion of the coast of the United States that is in direct contact with
the open seas and beyond the line marking the seaward limit of inland
waters;
Operator means a person who engages in the transportation of gas;
Outer Continental Shelf means all submerged lands lying seaward and
outside the area of lands beneath navigable waters as defined in Section
2 of the Submerged Lands Act (43 U.S.C. 1301) and of which the subsoil
and seabed appertain to the United States and are subject to its
jurisdiction and control.
Person means any individual, firm, joint venture, partnership,
corporation, association, State, municipality, cooperative association,
or joint stock association, and includes any trustee, receiver,
assignee, or personal representative thereof;
Pipeline or Pipeline System means all parts of those physical
facilities through which gas moves in transportation, including, but not
limited to, pipe, valves, and other appurtenance attached to pipe,
compressor units, metering stations, regulator stations, delivery
stations, holders, and fabricated assemblies.
State includes each of the several States, the District of Columbia,
and the Commonwealth of Puerto Rico;
Transportation of gas means the gathering, transmission, or
distribution of gas by pipeline, or the storage of gas in
[[Page 24]]
or affecting interstate or foreign commerce.
[35 FR 320, Jan. 8, 1970, as amended by Amdt. 191-5, 49 FR 18960, May 3,
1984; Amdt. 191-10, 61 FR 18516, Apr. 26, 1996; Amdt. 191-12, 62 FR
61695, Nov. 19, 1997; 68 FR 11749, Mar. 12, 2003]
Sec. 191.5 Telephonic notice of certain incidents.
(a) At the earliest practicable moment following discovery, each
operator shall give notice in accordance with paragraph (b) of this
section of each incident as defined in Sec. 191.3.
(b) Each notice required by paragraph (a) of this section shall be
made by telephone to 800-424-8802 (in Washington, DC, 267-2675) and
shall include the following information.
(1) Names of operator and person making report and their telephone
numbers.
(2) The location of the incident.
(3) The time of the incident.
(4) The number of fatalities and personal injuries, if any.
(5) All other significant facts that are known by the operator that
are relevant to the cause of the incident or extent of the damages.
[Amdt. 191-4, 47 FR 32720, July 29, 1982, as amended by Amdt. 191-5, 49
FR 18960, May 3, 1984; Amdt. 191-8, 54 FR 40878, Oct. 4, 1989]
Sec. 191.7 Addressee for written reports.
Each written report required by this part must be made to the
Information Resources Manager, Office of Pipeline Safety, Research and
Special Programs Administration, U.S. Department of Transportation, Room
8417, 400 Seventh Street SW., Washington, DC 20590. However, incident
and annual reports for intrastate pipeline transportation subject to the
jurisdiction of a State agency pursuant to a certification under section
5(a) of the Natural Gas Pipeline Safety Act of 1968 may be submitted in
duplicate to that State agency if the regulations of that agency require
submission of these reports and provide for further transmittal of one
copy within 10 days of receipt for incident reports and not later than
March 15 for annual reports to the Information Resources Manager.
Safety-related condition reports required by Sec. 191.23 for intrastate
pipeline transportation must be submitted concurrently to that State
agency, and if that agency acts as an agent of the Secretary with
respect to interstate transmission facilities, safety-related condition
reports for these facilities must be submitted concurrently to that
agency.
[Amdt. 191-6, 53 FR 24949, July 1, 1988]
Sec. 191.9 Distribution system: Incident report.
(a) Except as provided in paragraph (c) of this section, each
operator of a distribution pipeline system shall submit Department of
Transportation Form RSPA F 7100.1 as soon as practicable but not more
than 30 days after detection of an incident required to be reported
under Sec. 191.5.
(b) When additional relevant information is obtained after the
report is submitted under paragraph (a) of this section, the operator
shall make supplementary reports as deemed necessary with a clear
reference by date and subject to the original report.
(c) The incident report required by this section need not be
submitted with respect to master meter systems or LNG facilities.
[Amdt. 191-5, 49 FR 18960, May 3, 1984]
Sec. 191.11 Distribution system: Annual report.
(a) Except as provided in paragraph (b) of this section, each
operator of a distribution pipeline system shall submit an annual report
for that system on Department of Transportation Form RSPA F 7100.1-1.
This report must be submitted each year, not later than March 15, for
the preceding calendar year.
(b) The annual report required by this section need not be submitted
with respect to:
(1) Petroleum gas systems which serve fewer than 100 customers from
a single source;
(2) Master meter systems; or
(3) LNG facilities.
[Amdt. 191-5, 49 FR 18960, May 3, 1984]
Sec. 191.13 Distribution systems reporting transmission pipelines;
transmission or gathering systems reporting distribution pipelines.
Each operator, primarily engaged in gas distribution, who also
operates gas
[[Page 25]]
transmission or gathering pipelines shall submit separate reports for
these pipelines as required by Sec.Sec. 191.15 and 191.17. Each
operator, primarily engaged in gas transmission or gathering, who also
operates gas distribution pipelines shall submit separate reports for
these pipelines as required by Sec.Sec. 191.9 and 191.11.
[Amdt. 191-5, 49 FR 18961, May 3, 1984]
Sec. 191.15 Transmission and gathering systems: Incident report.
(a) Except as provided in paragraph (c) of this section, each
operator of a transmission or a gathering pipeline system shall submit
Department of Transportation Form RSPA F 7100.2 as soon as practicable
but not more than 30 days after detection of an incident required to be
reported under Sec. 191.5.
(b) Where additional related information is obtained after a report
is submitted under paragraph (a) of this section, the operator shall
make a supplemental report as soon as practicable with a clear reference
by date and subject to the original report.
(c) The incident report required by paragraph (a) of this section
need not be submitted with respect to LNG facilities.
[35 FR 320, Jan. 8, 1970, as amended by Amdt. 191-5, 49 FR 18961, May 3,
1984]
Sec. 191.17 Transmission and gathering systems: Annual report.
(a) Except as provided in paragraph (b) of this section, each
operator of a transmission or a gathering pipeline system shall submit
an annual report for that system on Department of Transportation Form
RSPA 7100.2-1. This report must be submitted each year, not later than
March 15, for the preceding calendar year.
(b) The annual report required by paragraph (a) of this section need
not be submitted with respect to LNG facilities.
[Amdt. 191-5, 49 FR 18961, May 3, 1984]
Sec. 191.19 Report forms.
Copies of the prescribed report forms are available without charge
upon request from the address given in Sec. 191.7. Additional copies in
this prescribed format may be reproduced and used if in the same size
and kind of paper. In addition, the information required by these forms
may be submitted by any other means that is acceptable to the
Administrator.
[Amdt. 191-10, 61 FR 18516, Apr. 26, 1996]
Sec. 191.21 OMB control number assigned to information collection.
This section displays the control number assigned by the Office of
Management and Budget (OMB) to the gas pipeline information collection
requirements of the Office of Pipeline Safety pursuant to the Paperwork
Reduction Act of 1980, Public Law 96-511. It is the intent of this
section to comply with the requirements of section 3507(f) of the
Paperwork Reduction Act which requires that agencies display a current
control number assigned by the Director of OMB for each agency
information collection requirement.
OMB Control Number 2137-0522
------------------------------------------------------------------------
Section of 49 CFR part 191 where
identified Form No.
------------------------------------------------------------------------
191.5.................................. Telephonic.
191.9.................................. RSPA 7100.1
191.11................................. RSPA 7100.1-1
191.15................................. RSPA 7100.2
191.17................................. RSPA 7100.2-1.
------------------------------------------------------------------------
[Amdt. 191-5, 49 FR 18961, May 3, 1984, as amended by Amdt.191-13, 63 FR
7723, Feb. 17, 1998]
Sec. 191.23 Reporting safety-related conditions.
(a) Except as provided in paragraph (b) of this section, each
operator shall report in accordance with Sec. 191.25 the existence of
any of the following safety-related conditions involving facilities in
service:
(1) In the case of a pipeline (other than an LNG facility) that
operates at a hoop stress of 20 percent or more of its specified minimum
yield strength, general corrosion that has reduced the wall thickness to
less than that required for the maximum allowable operating pressure,
and localized corrosion pitting to a degree where leakage might result.
(2) Unintended movement or abnormal loading by environmental causes,
such as an earthquake, landslide, or flood, that impairs the
serviceability of
[[Page 26]]
a pipeline or the structural integrity or reliability of an LNG facility
that contains, controls, or processes gas or LNG.
(3) Any crack or other material defect that impairs the structural
integrity or reliability of an LNG facility that contains, controls, or
processes gas or LNG.
(4) Any material defect or physical damage that impairs the
serviceability of a pipeline that operates at a hoop stress of 20
percent or more of its specified minimum yield strength.
(5) Any malfunction or operating error that causes the pressure of a
pipeline or LNG facility that contains or processes gas or LNG to rise
above its maximum allowable operating pressure (or working pressure for
LNG facilities) plus the build-up allowed for operation of pressure
limiting or control devices.
(6) A leak in a pipeline or LNG facility that contains or processes
gas or LNG that constitutes an emergency.
(7) Inner tank leakage, ineffective insulation, or frost heave that
impairs the structural integrity of an LNG storage tank.
(8) Any safety-related condition that could lead to an imminent
hazard and causes (either directly or indirectly by remedial action of
the operator), for purposes other than abandonment, a 20 percent or more
reduction in operating pressure or shutdown of operation of a pipeline
or an LNG facility that contains or processes gas or LNG.
(b) A report is not required for any safety-related condition that--
(1) Exists on a master meter system or a customer-owned service
line;
(2) Is an incident or results in an incident before the deadline for
filing the safety-related condition report;
(3) Exists on a pipeline (other than an LNG facility) that is more
than 220 yards (200 meters) from any building intended for human
occupancy or outdoor place of assembly, except that reports are required
for conditions within the right-of-way of an active railroad, paved
road, street, or highway; or
(4) Is corrected by repair or replacement in accordance with
applicable safety standards before the deadline for filing the safety-
related condition report, except that reports are required for
conditions under paragraph (a)(1) of this section other than localized
corrosion pitting on an effectively coated and cathodically protected
pipeline.
[Amdt. 191-6, 53 FR 24949, July 1, 1988, as amended by Amdt. 191-14, 63
FR 37501, July 13, 1998]
Sec. 191.25 Filing safety-related condition reports.
(a) Each report of a safety-related condition under Sec. 191.23(a)
must be filed (received by the Associate Administrator, OPS) in writing
within five working days (not including Saturday, Sunday, or Federal
Holidays) after the day a representative of the operator first
determines that the condition exists, but not later than 10 working days
after the day a representative of the operator discovers the condition.
Separate conditions may be described in a single report if they are
closely related. Reports may be transmitted by facsimile at (202) 366-
7128.
(b) The report must be headed ``Safety-Related Condition Report''
and provide the following information:
(1) Name and principal address of operator.
(2) Date of report.
(3) Name, job title, and business telephone number of person
submitting the report.
(4) Name, job title, and business telephone number of person who
determined that the condition exists.
(5) Date condition was discovered and date condition was first
determined to exist.
(6) Location of condition, with reference to the State (and town,
city, or county) or offshore site, and as appropriate, nearest street
address, offshore platform, survey station number, milepost, landmark,
or name of pipeline.
(7) Description of the condition, including circumstances leading to
its discovery, any significant effects of the condition on safety, and
the name of the commodity transported or stored.
(8) The corrective action taken (including reduction of pressure or
shutdown) before the report is submitted and the planned follow-up or
future
[[Page 27]]
corrective action, including the anticipated schedule for starting and
concluding such action.
[Amdt. 191-6, 53 FR 24949, July 1, 1988; 53 FR 29800, Aug. 8, 1988, as
amended by Amdt. 191-7, 54 FR 32344, Aug. 7, 1989; Amdt. 191-8, 54 FR
40878, Oct. 4, 1989; Amdt. 191-10, 61 FR 18516, Apr. 26, 1996]
Sec. 191.27 Filing offshore pipeline condition reports.
(a) Each operator shall, within 60 days after completion of the
inspection of all its underwater pipelines subject to Sec. 192.612(a),
report the following information:
(1) Name and principal address of operator.
(2) Date of report.
(3) Name, job title, and business telephone number of person
submitting the report.
(4) Total length of pipeline inspected.
(5) Length and date of installation of each exposed pipeline
segment, and location, including, if available, the location according
to the Minerals Management Service or state offshore area and block
number tract.
(6) Length and date of installation of each pipeline segment, if
different from a pipeline segment identified under paragraph (a)(5) of
this section, that is a hazard to navigation, and the location,
including, if available, the location according to the Minerals
Management Service or state offshore area and block number tract.
(b) The report shall be mailed to the Information Officer, Research
and Special Programs Administration, Department of Transportation, 400
Seventh Street, SW., Washington, DC 20590.
[Amdt. 191-9, 56 FR 63770, Dec. 5, 1991, as amended by Amdt. 191-14, 63
FR 37501, July 13, 1998]
PART 192--TRANSPORTATION OF NATURAL AND OTHER GAS BY PIPELINE: MINIMUM
FEDERAL SAFETY STANDARDS--Table of Contents
Subpart A--General
Sec.
192.1 Scope of part.
192.3 Definitions.
192.5 Class locations.
192.7 Incorporation by reference.
192.9 Gathering lines.
192.10 Outer continental shelf pipelines.
192.11 Petroleum gas systems.
192.13 General.
192.14 Conversion to service subject to this part.
192.15 Rules of regulatory construction.
192.16 Customer notification.
Subpart B--Materials
192.51 Scope.
192.53 General.
192.55 Steel pipe.
192.57 [Reserved]
192.59 Plastic pipe.
192.61 [Reserved]
192.63 Marking of materials.
192.65 Transportation of pipe.
Subpart C--Pipe Design
192.101 Scope.
192.103 General.
192.105 Design formula for steel pipe.
192.107 Yield strength (S) for steel pipe.
192.109 Nominal wall thickness (t) for steel pipe.
192.111 Design factor (F) for steel pipe.
192.113 Longitudinal joint factor (E) for steel pipe.
192.115 Temperature derating factor (T) for steel pipe.
192.117 [Reserved]
192.119 [Reserved]
192.121 Design of plastic pipe.
192.123 Design limitations for plastic pipe.
192.125 Design of copper pipe.
Subpart D--Design of Pipeline Components
192.141 Scope.
192.143 General requirements.
192.144 Qualifying metallic components.
192.145 Valves.
192.147 Flanges and flange accessories.
192.149 Standard fittings.
192.150 Passage of internal inspection devices.
192.151 Tapping.
192.153 Components fabricated by welding.
192.155 Welded branch connections.
192.157 Extruded outlets.
192.159 Flexibility.
192.161 Supports and anchors.
192.163 Compressor stations: Design and construction.
192.165 Compressor stations: Liquid removal.
192.167 Compressor stations: Emergency shutdown.
192.169 Compressor stations: Pressure limiting devices.
192.171 Compressor stations: Additional safety equipment.
192.173 Compressor stations: Ventilation.
192.175 Pipe-type and bottle-type holders.
192.177 Additional provisions for bottle-type holders.
[[Page 28]]
192.179 Transmission line valves.
192.181 Distribution line valves.
192.183 Vaults: Structural design requirements.
192.185 Vaults: Accessibility.
192.187 Vaults: Sealing, venting, and ventilation.
192.189 Vaults: Drainage and waterproofing.
192.191 Design pressure of plastic fittings.
192.193 Valve installation in plastic pipe.
192.195 Protection against accidental overpressuring.
192.197 Control of the pressure of gas delivered from high-pressure
distribution systems.
192.199 Requirements for design of pressure relief and limiting devices.
192.201 Required capacity of pressure relieving and limiting stations.
192.203 Instrument, control, and sampling pipe and components.
Subpart E--Welding of Steel in Pipelines
192.221 Scope.
192.225 Welding--General.
192.227 Qualification of welders.
192.229 Limitations on welders.
192.231 Protection from weather.
192.233 Miter joints.
192.235 Preparation for welding.
192.241 Inspection and test of welds.
192.243 Nondestructive testing.
192.245 Repair or removal of defects.
Subpart F--Joining of Materials Other Than by Welding
192.271 Scope.
192.273 General.
192.275 Cast iron pipe.
192.277 Ductile iron pipe.
192.279 Copper pipe.
192.281 Plastic pipe.
192.283 Plastic pipe: qualifying joining procedures.
192.285 Plastic pipe: qualifying persons to make joints.
192.287 Plastic pipe: inspection of joints.
Subpart G--General Construction Requirements for Transmission Lines and
Mains
192.301 Scope.
192.303 Compliance with specifications or standards.
192.305 Inspection: General.
192.307 Inspection of materials.
192.309 Repair of steel pipe.
192.311 Repair of plastic pipe.
192.313 Bends and elbows.
192.315 Wrinkle bends in steel pipe.
192.317 Protection from hazards.
192.319 Installation of pipe in a ditch.
192.321 Installation of plastic pipe.
192.323 Casing.
192.325 Underground clearance.
192.327 Cover.
Subpart H--Customer Meters, Service Regulators, and Service Lines
192.351 Scope.
192.353 Customer meters and regulators: Location.
192.355 Customer meters and regulators: Protection from damage.
192.357 Customer meters and regulators: Installation.
192.359 Customer meter installations: Operating pressure.
192.361 Service lines: Installation.
192.363 Service lines: Valve requirements.
192.365 Service lines: Location of valves.
192.367 Service lines: General requirements for connections to main
piping.
192.369 Service lines: Connections to cast iron or ductile iron mains.
192.371 Service lines: Steel.
192.373 Service lines: Cast iron and ductile iron.
192.375 Service lines: Plastic.
192.377 Service lines: Copper.
192.379 New service lines not in use.
192.381 Service lines: Excess flow valve performance standards.
192.383 Excess flow valve customer notification.
Subpart I--Requirements for Corrosion Control
192.451 Scope.
192.452 Applicability to converted pipelines.
192.453 General.
192.455 External corrosion control: Buried or submerged pipelines
installed after July 31, 1971.
192.457 External corrosion control: Buried or submerged pipelines
installed before August 1, 1971.
192.459 External corrosion control: Examination of buried pipeline when
exposed.
192.461 External corrosion control: Protective coating.
192.463 External corrosion control: Cathodic protection.
192.465 External corrosion control: Monitoring.
192.467 External corrosion control: Electrical isolation.
192.469 External corrosion control: Test stations.
192.471 External corrosion control: Test leads.
192.473 External corrosion control: Interference currents.
192.475 Internal corrosion control: General.
192.477 Internal corrosion control: Monitoring.
192.479 Atmospheric corrosion control: General.
192.481 Atmospheric corrosion control: Monitoring.
[[Page 29]]
192.483 Remedial measures: General.
192.485 Remedial measures: Transmission lines.
192.487 Remedial measures: Distribution lines other than cast iron or
ductile iron lines.
192.489 Remedial measures: Cast iron and ductile iron pipelines.
192.491 Corrosion control records.
Subpart J--Test Requirements
192.501 Scope.
192.503 General requirements.
192.505 Strength test requirements for steel pipeline to operate at a
hoop stress of 30 percent or more of SMYS.
192.507 Test requirements for pipelines to operate at a hoop stress less
than 30 percent of SMYS and at or above 100 p.s.i. (689 kPa)
gage.
192.509 Test requirements for pipelines to operate below 100 p.s.i. (689
kPa) gage.
192.511 Test requirements for service lines.
192.513 Test requirements for plastic pipelines.
192.515 Environmental protection and safety requirements.
192.517 Records.
Subpart K--Uprating
192.551 Scope.
192.553 General requirements.
192.555 Uprating to a pressure that will produce a hoop stress of 30
percent or more of SMYS in steel pipelines.
192.557 Uprating: Steel pipelines to a pressure that will produce a hoop
stress less than 30 percent of SMYS; plastic, cast iron, and
ductile iron pipelines.
Subpart L--Operations
192.601 Scope.
192.603 General provisions.
192.605 Procedural manual for operations, maintenance, and emergencies.
192.607 [Reserved]
192.609 Change in class location: Required study.
192.611 Change in class location: Confirmation or revision of maximum
allowable operating pressure.
192.612 Underwater inspection and re-burial of pipelines in the Gulf of
Mexico and its inlets.
192.613 Continuing surveillance.
192.614 Damage prevention program.
192.615 Emergency plans.
192.616 Public education.
192.617 Investigation of failures.
192.619 Maximum allowable operating pressure: Steel or plastic
pipelines.
192.621 Maximum allowable operating pressure: High-pressure distribution
systems.
192.623 Maximum and minimum allowable operating pressure; Low-pressure
distribution systems.
192.625 Odorization of gas.
192.627 Tapping pipelines under pressure.
192.629 Purging of pipelines.
Subpart M--Maintenance
192.701 Scope.
192.703 General.
192.705 Transmission lines: Patrolling.
192.706 Transmission lines: Leakage surveys.
192.707 Line markers for mains and transmission lines.
192.709 Transmission lines: Record keeping.
192.711 Transmission lines: General requirements for repair procedures.
192.713 Transmission lines: Permanent field repair of imperfections and
damages.
192.715 Transmission lines: Permanent field repair of welds.
192.717 Transmission lines: Permanent field repair of leaks.
192.719 Transmission lines: Testing of repairs.
192.721 Distribution systems: Patrolling.
192.723 Distribution systems: Leakage surveys.
192.725 Test requirements for reinstating service lines.
192.727 Abandonment or deactivation of facilities.
192.731 Compressor stations: Inspection and testing of relief devices.
192.735 Compressor stations: Storage of combustible materials.
192.736 Compressor stations: Gas detection.
192.739 Pressure limiting and regulating stations: Inspection and
testing.
192.741 Pressure limiting and regulating stations: Telemetering or
recording gauges.
192.743 Pressure limiting and regulating stations: Testing of relief
devices.
192.745 Valve maintenance: Transmission lines.
192.747 Valve maintenance: Distribution systems.
192.749 Vault maintenance.
192.751 Prevention of accidental ignition.
192.753 Caulked bell and spigot joints.
192.755 Protecting cast-iron pipelines.
High Consequence Areas
192.761 Definitions.
Subpart N--Qualification of Pipeline Personnel
192.801 Scope.
192.803 Definitions.
192.805 Qualification Program.
192.807 Recordkeeping.
192.809 General.
[[Page 30]]
Appendix A to Part 192--Incorporated by Reference
Appendix B to Part 192--Qualification of Pipe
Appendix C to Part 192--Qualification of Welders for Low Stress Level
Pipe
Appendix D to Part 192--Criteria for Cathodic Protection and
Determination of Measurements
Authority: 49 U.S.C. 5103, 60102, 60104, 60108, 60109, 60110, 60113,
and 60118; and 49 CFR 1.53.
Source: 35 FR 13257, Aug. 19, 1970, unless otherwise noted.
Subpart A--General
Sec. 192.1 Scope of part.
(a) This part prescribes minimum safety requirements for pipeline
facilities and the transportation of gas, including pipeline facilities
and the transportation of gas within the limits of the outer continental
shelf as that term is defined in the Outer Continental Shelf Lands Act
(43 U.S.C. 1331).
(b) This part does not appy to--
(1) Offshore gathering of gas in State waters upstream from the
outlet flange of each facility where hydrocarbons are produced or where
produced hydrocarbons are first separated, dehydrated, or otherwise
processed, whichever facility is farther downstream;
(2) Pipelines on the Outer Continental Shelf (OCS) that are
producer-operated and cross into State waters without first connecting
to a transporting operator's facility on the OCS, upstream (generally
seaward) of the last valve on the last production facility on the OCS.
Safety equipment protecting RSPA-regulated pipeline segments is not
excluded. Producing operators for those pipeline segments upstream of
the last valve of the last production facility on the OCS may petition
the Administrator, or designee, for approval to operate under RSPA
regulations governing pipeline design, construction, operation, and
maintenance under 49 CFR 190.9.
(3) Pipelines on the Outer Continental Shelf upstream of the point
at which operating responsibility transfers from a producing operator to
a transporting operator;
(4) Onshore gathering of gas outside of the following areas:
(i) An area within the limits of any incorporated or unincorporated
city, town, or village.
(ii) Any designated residential or commercial area such as a
subdivision, business or shopping center, or community development.
(5) Onshore gathering of gas within inlets of the Gulf of Mexico
except as provided in Sec. 192.612; or
(6) Any pipeline system that transports only petroleum gas or
petroleum gas/air mixtures to--
(i) Fewer than 10 customers, if no portion of the system is located
in a public place; or
(ii) A single customer, if the system is located entirely on the
customer's premises (no matter if a portion of the system is located in
a public place).
[35 FR 13257, Aug. 19, 1970, as amended by Amdt. 192-27, 41 FR 34605,
Aug. 16, 1976; Amdt. 192-67, 56 FR 63771, Dec. 5, 1991; Amdt. 192-78, 61
FR 28782, June 6, 1996; Amdt. 192-81, 62 FR 61695, Nov. 19, 1997; Amdt.
192-92, 68 FR 46112, Aug. 5, 2003]
Sec. 192.3 Definitions.
As used in this part:
Abandoned means permanently removed from service.
Administrator means the Administrator, Research and Special Programs
Administration or his or her delegate.
Distribution line means a pipeline other than a gathering or
transmission line.
Exposed pipeline means a pipeline where the top of the pipe is
protruding above the seabed in water less than 15 feet (4.6 meters)
deep, as measured from the mean low water.
Gas means natural gas, flammable gas, or gas which is toxic or
corrosive.
Gathering line means a pipeline that transports gas from a current
production facility to a transmission line or main.
Gulf of Mexico and its inlets means the waters from the mean high
water mark of the coast of the Gulf of Mexico and its inlets open to the
sea (excluding rivers, tidal marshes, lakes, and canals) seaward to
include the territorial sea and Outer Continental Shelf to a depth of 15
feet (4.6 meters), as measured from the mean low water.
Hazard to navigation means, for the purpose of this part, a pipeline
where
[[Page 31]]
the top of the pipe is less than 12 inches (305 millimeters) below the
seabed in water less than 15 feet (4.6 meters) deep, as measured from
the mean low water.
High-pressure distribution system means a distribution system in
which the gas pressure in the main is higher than the pressure provided
to the customer.
Line section means a continuous run of transmission line between
adjacent compressor stations, between a compressor station and storage
facilities, between a compressor station and a block valve, or between
adjacent block valves.
Listed specification means a specification listed in section I of
appendix B of this part.
Low-pressure distribution system means a distribution system in
which the gas pressure in the main is substantially the same as the
pressure provided to the customer.
Main means a distribution line that serves as a common source of
supply for more than one service line.
Maximum actual operating pressure means the maximum pressure that
occurs during normal operations over a period of 1 year.
Maximum allowable operating pressure (MAOP) means the maximum
pressure at which a pipeline or segment of a pipeline may be operated
under this part.
Municipality means a city, county, or any other political
subdivision of a State.
Offshore means beyond the line of ordinary low water along that
portion of the coast of the United States that is in direct contact with
the open seas and beyond the line marking the seaward limit of inland
waters.
Operator means a person who engages in the transportation of gas.
Outer Continental Shelf means all submerged lands lying seaward and
outside the area of lands beneath navigable waters as defined in Section
2 of the Submerged Lands Act (43 U.S.C. 1301) and of which the subsoil
and seabed appertain to the United States and are subject to its
jurisdiction and control.
Person means any individual, firm, joint venture, partnership,
corporation, association, State, municipality, cooperative association,
or joint stock association, and including any trustee, receiver,
assignee, or personal representative thereof.
Petroleum gas means propane, propylene, butane, (normal butane or
isobutanes), and butylene (including isomers), or mixtures composed
predominantly of these gases, having a vapor pressure not exceeding 208
psi (1434 kPa) gage at 100 F (38 C).
Pipe means any pipe or tubing used in the transportation of gas,
including pipe-type holders.
Pipeline means all parts of those physical facilities through which
gas moves in transportation, including pipe, valves, and other
appurtenance attached to pipe, compressor units, metering stations,
regulator stations, delivery stations, holders, and fabricated
assemblies.
Pipeline facility means new and existing pipelines, rights-of-way,
and any equipment, facility, or building used in the transportation of
gas or in the treatment of gas during the course of transportation.
Service line means a distribution line that transports gas from a
common source of supply to (1) a customer meter or the connection to a
customer's piping, whichever is farther downstream, or (2) the
connection to a customer's piping if there is no customer meter. A
customer meter is the meter that measures the transfer of gas from an
operator to a consumer.
SMYS means specified minimum yield strength is:
(1) For steel pipe manufactured in accordance with a listed
specification, the yield strength specified as a minimum in that
specification; or
(2) For steel pipe manufactured in accordance with an unknown or
unlisted specification, the yield strength determined in accordance with
Sec. 192.107(b).
State means each of the several States, the District of Columbia,
and the Commonwealth of Puerto Rico.
Transmission line means a pipeline, other than a gathering line,
that:
(a) Transports gas from a gathering line or storage facility to a
distribution center, storage facility, or large volume customer that is
not downstream from a distribution center;
[[Page 32]]
(b) Operates at a hoop stress of 20 percent or more of SMYS; or
(c) Transports gas within a storage field. A large volume customer
may receive similar volumes of gas as a distribution center, and
includes factories, power plants, and institutional users of gas.
Transportation of gas means the gathering, transmission, or
distribution of gas by pipeline or the storage of gas, in or affecting
interstate or foreign commerce.
[Amdt. 192-13, 38 FR 9084, Apr. 10, 1973, as amended by Amdt. 192-27, 41
FR 34605, Aug. 16, 1976; Amdt. 192-58, 53 FR 1635, Jan. 21, 1988; Amdt.
192-67, 56 FR 63771, Dec. 5, 1991; Amdt. 192-72, 59 FR 17281, Apr. 12,
1994; Amdt. 192-78, 61 FR 28783, June 6, 1996; Amdt. 192-81, 62 FR
61695, Nov. 19, 1997; Amdt. 192-85, 63 FR 37501, July 13, 1998; Amdt.
192-89, 65 FR 54443, Sept. 8, 2000; 68 FR 11749, Mar. 12, 2003]
Effective Date Note: By Amdt. 192-93, 68 FR 53900, Sept. 15, 2003,
Sec. 192.3 was amended by adding in definitions of ``customer meter''
and ``service regulator'' and by revising the definition of ``service
line'', effective October 15, 2003. For the convenience of the user, the
added and revised text is set forth as follows:
Sec. 192.3 Definitions.
* * * * *
Customer meter means the meter that measures the transfer of gas
from an operator to a consumer.
* * * * *
Service line means a distribution line that transports gas from a
common source of supply to an individual customer, to two adjacent or
adjoining residential or small commercial customers, or to multiple
residential or small commercial customers served through a meter header
or manifold. A service line ends at the outlet of the customer meter or
at the connection to a customer's piping, whichever is further
downstream, or at the connection to customer piping if there is no
meter.
Service regulator means the device on a service line that controls
the pressure of gas delivered from a higher pressure to the pressure
provided to the customer. A service regulator may serve one customer or
multiple customers through a meter header or manifold.
* * * * *
Sec. 192.5 Class locations.
(a) This section classifies pipeline locations for purposes of this
part. The following criteria apply to classifications under this
section.
(1) A ``class location unit'' is an onshore area that extends 220
yards (200 meters) on either side of the centerline of any continuous 1-
mile (1.6 kilometers) length of pipeline.
(2) Each separate dwelling unit in a multiple dwelling unit building
is counted as a separate building intended for human occupancy.
(b) Except as provided in paragraph (c) of this section, pipeline
locations are classified as follows:
(1) A Class 1 location is:
(i) An offshore area; or
(ii) Any class location unit that has 10 or fewer buildings intended
for human occupancy.
(2) A Class 2 location is any class location unit that has more than
10 but fewer than 46 buildings intended for human occupancy.
(3) A Class 3 location is:
(i) Any class location unit that has 46 or more buildings intended
for human occupancy; or
(ii) An area where the pipeline lies within 100 yards (91 meters) of
either a building or a small, well-defined outside area (such as a
playground, recreation area, outdoor theater, or other place of public
assembly) that is occupied by 20 or more persons on at least 5 days a
week for 10 weeks in any 12-month period. (The days and weeks need not
be consecutive.)
(4) A Class 4 location is any class location unit where buildings
with four or more stories above ground are prevalent.
(c) The length of Class locations 2, 3, and 4 may be adjusted as
follows:
(1) A Class 4 location ends 220 yards (200 meters) from the nearest
building with four or more stories above ground.
(2) When a cluster of buildings intended for human occupancy
requires a Class 2 or 3 location, the class location ends 220 yards (200
meters) from the nearest building in the cluster.
[Amdt. 192-78, 61 FR 28783, June 6, 1996; 61 FR 35139, July 5, 1996, as
amended by Amdt. 192-85, 63 FR 37502, July 13, 1998]
[[Page 33]]
Sec. 192.7 Incorporation by reference.
(a) Any documents or portions thereof incorporated by reference in
this part are included in this part as though set out in full. When only
a portion of a document is referenced, the remainder is not incorporated
in this part.
(b) All incorporated materials are available for inspection in the
Research and Special Programs Administration, 400 Seventh Street, SW.,
Washington, DC, and at the Office of the Federal Register, 800 North
Capitol Street, NW., suite 700, Washington, DC. These materials have
been approved for incorporation by reference by the Director of the
Federal Register in accordance with 5 U.S.C. 552(a) and 1 CFR part 51.
In addition, the incorporated materials are available from the
respective organizations listed in appendix A to this part.
(c) The full titles for the publications incorporated by reference
in this part are provided in appendix A to this part. Numbers in
parentheses indicate applicable editions. Earlier editions of documents
listed or editions of documents formerly listed in previous editions of
appendix A may be used for materials and components manufactured,
designed, or installed in accordance with those earlier editions or
earlier documents at the time they were listed. The user must refer to
the appropriate previous edition of 49 CFR for a listing of the earlier
listed editions or documents.
[35 FR 13257, Aug. 19, 1970, as amended by Amdt. 192-37, 46 FR 10159,
Feb. 2, 1981; Amdt 192-51, 51 FR 15334, Apr. 23, 1986; 58 FR 14521, Mar.
18, 1993; Amdt. 192-78, 61 FR 28783, June 6, 1996]
Sec. 192.9 Gathering lines.
Except as provided in Sec.Sec. 192.1 and 192.150, each operator of a
gathering line must comply with the requirements of this part applicable
to transmission lines.
[Amdt. 192-72, 59 FR 17281, Apr. 12, 1994]
Sec. 192.10 Outer continental shelf pipelines.
Operators of transportation pipelines on the Outer Continental Shelf
(as defined in the Outer Continental Shelf Lands Act; 43 U.S.C. 1331)
must identify on all their respective pipelines the specific points at
which operating responsibility transfers to a producing operator. For
those instances in which the transfer points are not identifiable by a
durable marking, each operator will have until September 15, 1998 to
identify the transfer points. If it is not practicable to durably mark a
transfer point and the transfer point is located above water, the
operator must depict the transfer point on a schematic located near the
transfer point. If a transfer point is located subsea, then the operator
must identify the transfer point on a schematic which must be maintained
at the nearest upstream facility and provided to RSPA upon request. For
those cases in which adjoining operators have not agreed on a transfer
point by September 15, 1998 the Regional Director and the MMS Regional
Supervisor will make a joint determination of the transfer point.
[Amdt. 192-81, 62 FR 61695, Nov. 19, 1997]
Sec. 192.11 Petroleum gas systems.
(a) Each plant that supplies petroleum gas by pipeline to a natural
gas distribution system must meet the requirements of this part and
ANSI/NFPA 58 and 59.
(b) Each pipeline system subject to this part that transports only
petroleum gas or petroleum gas/air mixtures must meet the requirements
of this part and of ANSI/NFPA 58 and 59.
(c) In the event of a conflict between this part and ANSI/NFPA 58
and 59, ANSI/NFPA 58 and 59 prevail.
[Amdt. 192-78, 61 FR 28783, June 6, 1996]
Sec. 192.13 General.
(a) No person may operate a segment of pipeline that is readied for
service after March 12, 1971, or in the case of an offshore gathering
line, after July 31, 1977, unless:
(1) The pipeline has been designed, installed, constructed,
initially inspected, and initially tested in accordance with this part;
or
(2) The pipeline qualifies for use under this part in accordance
with Sec. 192.14.
(b) No person may operate a segment of pipeline that is replaced,
relocated, or otherwise changed after November
[[Page 34]]
12, 1970, or in the case of an offshore gathering line, after July 31,
1977, unless that replacement, relocation, or change has been made in
accordance with this part.
(c) Each operator shall maintain, modify as appropriate, and follow
the plans, procedures, and programs that it is required to establish
under this part.
[35 FR 13257, Aug. 19, 1970, as amended by Amdt. 192-27, 41 FR 34605,
Aug. 16, 1976; Amdt. 192-30, 42 FR 60148, Nov. 25, 1977]
Sec. 192.14 Conversion to service subject to this part.
(a) A steel pipeline previously used in service not subject to this
part qualifies for use under this part if the operator prepares and
follows a written procedure to carry out the following requirements:
(1) The design, construction, operation, and maintenance history of
the pipeline must be reviewed and, where sufficient historical records
are not available, appropriate tests must be performed to determine if
the pipeline is in a satisfactory condition for safe operation.
(2) The pipeline right-of-way, all aboveground segments of the
pipeline, and appropriately selected underground segments must be
visually inspected for physical defects and operating conditions which
reasonably could be expected to impair the strength or tightness of the
pipeline.
(3) All known unsafe defects and conditions must be corrected in
accordance with this part.
(4) The pipeline must be tested in accordance with subpart J of this
part to substantiate the maximum allowable operating pressure permitted
by subpart L of this part.
(b) Each operator must keep for the life of the pipeline a record of
the investigations, tests, repairs, replacements, and alterations made
under the requirements of paragraph (a) of this section.
[Amdt. 192-30, 42 FR 60148, Nov. 25, 1977]
Sec. 192.15 Rules of regulatory construction.
(a) As used in this part:
Includes means including but not limited to.
May means ``is permitted to'' or ``is authorized to''.
May not means ``is not permitted to'' or ``is not authorized to''.
Shall is used in the mandatory and imperative sense.
(b) In this part:
(1) Words importing the singular include the plural;
(2) Words importing the plural include the singular; and
(3) Words importing the masculine gender include the feminine.
Sec. 192.16 Customer notification.
(a) This section applies to each operator of a service line who does
not maintain the customer's buried piping up to entry of the first
building downstream, or, if the customer's buried piping does not enter
a building, up to the principal gas utilization equipment or the first
fence (or wall) that surrounds that equipment. For the purpose of this
section, ``customer's buried piping'' does not include branch lines that
serve yard lanterns, pool heaters, or other types of secondary
equipment. Also, ``maintain'' means monitor for corrosion according to
Sec. 192.465 if the customer's buried piping is metallic, survey for
leaks according to Sec. 192.723, and if an unsafe condition is found,
shut off the flow of gas, advise the customer of the need to repair the
unsafe condition, or repair the unsafe condition.
(b) Each operator shall notify each customer once in writing of the
following information:
(1) The operator does not maintain the customer's buried piping.
(2) If the customer's buried piping is not maintained, it may be
subject to the potential hazards of corrosion and leakage.
(3) Buried gas piping should be--
(i) Periodically inspected for leaks;
(ii) Periodically inspected for corrosion if the piping is metallic;
and
(iii) Repaired if any unsafe condition is discovered.
(4) When excavating near buried gas piping, the piping should be
located in advance, and the excavation done by hand.
[[Page 35]]
(5) The operator (if applicable), plumbing contractors, and heating
contractors can assist in locating, inspecting, and repairing the
customer's buried piping.
(c) Each operator shall notify each customer not later than August
14, 1996, or 90 days after the customer first receives gas at a
particular location, whichever is later. However, operators of master
meter systems may continuously post a general notice in a prominent
location frequented by customers.
(d) Each operator must make the following records available for
inspection by the Administrator or a State agency participating under 49
U.S.C. 60105 or 60106:
(1) A copy of the notice currently in use; and
(2) Evidence that notices have been sent to customers within the
previous 3 years.
[Amdt. 192-74, 60 FR 41828, Aug. 14, 1995, as amended by Amdt. 192-74A,
60 FR 63451, Dec. 11, 1995; Amdt. 192-83, 63 FR 7723, Feb. 17, 1998]
Subpart B--Materials
Sec. 192.51 Scope.
This subpart prescribes minimum requirements for the selection and
qualification of pipe and components for use in pipelines.
Sec. 192.53 General.
Materials for pipe and components must be:
(a) Able to maintain the structural integrity of the pipeline under
temperature and other environmental conditions that may be anticipated;
(b) Chemically compatible with any gas that they transport and with
any other material in the pipeline with which they are in contact; and
(c) Qualified in accordance with the applicable requirements of this
subpart.
Sec. 192.55 Steel pipe.
(a) New steel pipe is qualified for use under this part if:
(1) It was manufactured in accordance with a listed specification;
(2) It meets the requirements of--
(i) Section II of appendix B to this part; or
(ii) If it was manufactured before November 12, 1970, either section
II or III of appendix B to this part; or
(3) It is used in accordance with paragraph (c) or (d) of this
section.
(b) Used steel pipe is qualified for use under this part if:
(1) It was manufactured in accordance with a listed specification
and it meets the requirements of paragraph II-C of appendix B to this
part;
(2) It meets the requirements of:
(i) Section II of appendix B to this part; or
(ii) If it was manufactured before November 12, 1970, either section
II or III of appendix B to this part;
(3) It has been used in an existing line of the same or higher
pressure and meets the requirements of paragraph II-C of appendix B to
this part; or
(4) It is used in accordance with paragraph (c) of this section.
(c) New or used steel pipe may be used at a pressure resulting in a
hoop stress of less than 6,000 p.s.i. (41 MPa) where no close coiling or
close bending is to be done, if visual examination indicates that the
pipe is in good condition and that it is free of split seams and other
defects that would cause leakage. If it is to be welded, steel pipe that
has not been manufactured to a listed specification must also pass the
weldability tests prescribed in paragraph II-B of appendix B to this
part.
(d) Steel pipe that has not been previously used may be used as
replacement pipe in a segment of pipeline if it has been manufactured
prior to November 12, 1970, in accordance with the same specification as
the pipe used in constructing that segment of pipeline.
(e) New steel pipe that has been cold expanded must comply with the
mandatory provisions of API Specification 5L.
[35 FR 13257, Aug. 19, 1970, as amended by Amdt. 191-1, 35 FR 17660,
Nov. 17, 1970; Amdt. 192-12, 38 FR 4761, Feb. 22, 1973; Amdt. 192-51, 51
FR 15335, Apr. 23, 1986; 58 FR 14521, Mar. 18, 1993; Amdt. 192-85, 63 FR
37502, July 13, 1998]
Sec. 192.57 [Reserved]
Sec. 192.59 Plastic pipe.
(a) New plastic pipe is qualified for use under this part if:
[[Page 36]]
(1) It is manufactured in accordance with a listed specification;
and
(2) It is resistant to chemicals with which contact may be
anticipated.
(b) Used plastic pipe is qualified for use under this part if:
(1) It was manufactured in accordance with a listed specification;
(2) It is resistant to chemicals with which contact may be
anticipated;
(3) It has been used only in natural gas service;
(4) Its dimensions are still within the tolerances of the
specification to which it was manufactured; and
(5) It is free of visible defects.
(c) For the purpose of paragraphs (a)(1) and (b)(1) of this section,
where pipe of a diameter included in a listed specification is
impractical to use, pipe of a diameter between the sizes included in a
listed specification may be used if it:
(1) Meets the strength and design criteria required of pipe included
in that listed specification; and
(2) Is manufactured from plastic compounds which meet the criteria
for material required of pipe included in that listed specification.
[35 FR 13257, Aug. 19, 1970, as amended by Amdt. 192-19, 40 FR 10472,
Mar. 6, 1975; Amdt. 192-58, 53 FR 1635, Jan. 21, 1988]
Sec. 192.61 [Reserved]
Sec. 192.63 Marking of materials.
(a) Except as provided in paragraph (d) of this section, each valve,
fitting, length of pipe, and other component must be marked--
(1) As prescribed in the specification or standard to which it was
manufactured, except that thermoplastic fittings must be marked in
accordance with ASTM D 2513; or
(2) To indicate size, material, manufacturer, pressure rating, and
temperature rating, and as appropriate, type, grade, and model.
(b) Surfaces of pipe and components that are subject to stress from
internal pressure may not be field die stamped.
(c) If any item is marked by die stamping, the die must have blunt
or rounded edges that will minimize stress concentrations.
(d) Paragraph (a) of this section does not apply to items
manufactured before November 12, 1970, that meet all of the following:
(1) The item is identifiable as to type, manufacturer, and model.
(2) Specifications or standards giving pressure, temperature, and
other appropriate criteria for the use of items are readily available.
[Amdt. 192-1, 35 FR 17660, Nov. 17, 1970, as amended by Amdt. 192-31, 43
FR 883, Apr. 3, 1978; Amdt. 192-61, 53 FR 36793, Sept. 22, 1988; Amdt.
192-62, 54 FR 5627, Feb. 6, 1989; Amdt. 192-61A, 54 FR 32642, Aug. 9,
1989; 58 FR 14521, Mar. 18, 1993; Amdt. 192-76, 61 FR 26122, May 24,
1996; 61 FR 36826, July 15, 1996]
Sec. 192.65 Transportation of pipe.
In a pipeline to be operated at a hoop stress of 20 percent or more
of SMYS, an operator may not use pipe having an outer diameter to wall
thickness ratio of 70 to 1, or more, that is transported by railroad
unless:
(a) The transportation is performed in accordance with API RP 5L1.
(b) In the case of pipe transported before November 12, 1970, the
pipe is tested in accordance with subpart J of this part to at least
1.25 times the maximum allowable operating pressure if it is to be
installed in a class 1 location and to at least 1.5 times the maximum
allowable operating pressure if it is to be installed in a class 2, 3,
or 4 location. Notwithstanding any shorter time period permitted under
subpart J of this part, the test pressure must be maintained for at
least 8 hours.
[Amdt. 192-12, 38 FR 4761, Feb. 22, 1973, as amended by Amdt. 192-17, 40
FR 6346, Feb. 11, 1975; 58 FR 14521, Mar. 18, 1993]
Subpart C--Pipe Design
Sec. 192.101 Scope.
This subpart prescribes the minimum requirements for the design of
pipe.
Sec. 192.103 General.
Pipe must be designed with sufficient wall thickness, or must be
installed with adequate protection, to withstand anticipated external
pressures and loads that will be imposed on the pipe after installation.
[[Page 37]]
Sec. 192.105 Design formula for steel pipe.
(a) The design pressure for steel pipe is determined in accordance
with the following formula:
P=(2 St/D)xFxExT
P=Design pressure in pounds per square inch (kPa) gauge.
S=Yield strength in pounds per square inch (kPa) determined in
accordance with Sec. 192.107.
D=Nominal outside diameter of the pipe in inches (millimeters).
t=Nominal wall thickness of the pipe in inches (millimeters). If this is
unknown, it is determined in accordance with Sec. 192.109. Additional
wall thickness required for concurrent external loads in accordance with
Sec. 192.103 may not be included in computing design pressure.
F=Design factor determined in accordance with Sec. 192.111.
E=Longitudinal joint factor determined in accordance with Sec. 192.113.
T=Temperature derating factor determined in accordance with Sec.
192.115.
(b) If steel pipe that has been subjected to cold expansion to meet
the SMYS is subsequently heated, other than by welding or stress
relieving as a part of welding, the design pressure is limited to 75
percent of the pressure determined under paragraph (a) of this section
if the temperature of the pipe exceeds 900 F (482
C) at any time or is held above 600 F (316
C) for more than 1 hour.
[35 FR 13257, Aug. 19, 1970, as amended by Amdt. 192-47, 49 FR 7569,
Mar. 1, 1984; Amdt. 192-85, 63 FR 37502, July 13, 1998]
Sec. 192.107 Yield strength (S) for steel pipe.
(a) For pipe that is manufactured in accordance with a specification
listed in section I of appendix B of this part, the yield strength to be
used in the design formula in Sec. 192.105 is the SMYS stated in the
listed specification, if that value is known.
(b) For pipe that is manufactured in accordance with a specification
not listed in section I of appendix B to this part or whose
specification or tensile properties are unknown, the yield strength to
be used in the design formula in Sec. 192.105 is one of the following:
(1) If the pipe is tensile tested in accordance with section II-D of
appendix B to this part, the lower of the following:
(i) 80 percent of the average yield strength determined by the
tensile tests.
(ii) The lowest yield strength determined by the tensile tests.
(2) If the pipe is not tensile tested as provided in paragraph
(b)(1) of this section, 24,000 p.s.i. (165 MPa).
[35 FR 13257, Aug. 19, 1970, as amended by Amdt. 192-78, 61 FR 28783,
June 6, 1996; Amdt. 192-83, 63 FR 7723, Feb. 17, 1998; Amdt. 192-85, 63
FR 37502, July 13, 1998]
Sec. 192.109 Nominal wall thickness (t) for steel pipe.
(a) If the nominal wall thickness for steel pipe is not known, it is
determined by measuring the thickness of each piece of pipe at quarter
points on one end.
(b) However, if the pipe is of uniform grade, size, and thickness
and there are more than 10 lengths, only 10 percent of the individual
lengths, but not less than 10 lengths, need be measured. The thickness
of the lengths that are not measured must be verified by applying a
gauge set to the minimum thickness found by the measurement. The nominal
wall thickness to be used in the design formula in Sec. 192.105 is the
next wall thickness found in commercial specifications that is below the
average of all the measurements taken. However, the nominal wall
thickness used may not be more than 1.14 times the smallest measurement
taken on pipe less than 20 inches (508 millimeters) in outside diameter,
nor more than 1.11 times the smallest measurement taken on pipe 20
inches (508 millimeters) or more in outside diameter.
[35 FR 13257, Aug. 19, 1970, as amended by Amdt. 192-85, 63 FR 37502,
July 13, 1998]
Sec. 192.111 Design factor (F) for steel pipe.
(a) Except as otherwise provided in paragraphs (b), (c), and (d) of
this section, the design factor to be used in the design formula in Sec.
192.105 is determined in accordance with the following table:
------------------------------------------------------------------------
Design
Class location factor (F)
------------------------------------------------------------------------
1........................................................... 0.72
[[Page 38]]
2........................................................... 0.60
3........................................................... 0.50
4........................................................... 0.40
------------------------------------------------------------------------
(b) A design factor of 0.60 or less must be used in the design
formula in Sec. 192.105 for steel pipe in Class 1 locations that:
(1) Crosses the right-of-way of an unimproved public road, without a
casing;
(2) Crosses without a casing, or makes a parallel encroachment on,
the right-of-way of either a hard surfaced road, a highway, a public
street, or a railroad;
(3) Is supported by a vehicular, pedestrian, railroad, or pipeline
bridge; or
(4) Is used in a fabricated assembly, (including separators,
mainline valve assemblies, cross-connections, and river crossing
headers) or is used within five pipe diameters in any direction from the
last fitting of a fabricated assembly, other than a transition piece or
an elbow used in place of a pipe bend which is not associated with a
fabricated assembly.
(c) For Class 2 locations, a design factor of 0.50, or less, must be
used in the design formula in Sec. 192.105 for uncased steel pipe that
crosses the right-of-way of a hard surfaced road, a highway, a public
street, or a railroad.
(d) For Class 1 and Class 2 locations, a design factor of 0.50, or
less, must be used in the design formula in Sec. 192.105 for--
(1) Steel pipe in a compressor station, regulating station, or
measuring station; and
(2) Steel pipe, including a pipe riser, on a platform located
offshore or in inland navigable waters.
[35 FR 13257, Aug. 19, 1970, as amended by Amdt. 192-27, 41 FR 34605,
Aug. 16, 1976]
Sec. 192.113 Longitudinal joint factor (E) for steel pipe.
The longitudinal joint factor to be used in the design formula in
Sec. 192.105 is determined in accordance with the following table:
------------------------------------------------------------------------
Longitudinal
Specification Pipe class joint factor (E)
------------------------------------------------------------------------
ASTM A 53...................... Seamless............ 1.00
Electric resistance 1.00
welded.
Furnace butt welded. .60
ASTM A 106..................... Seamless............ 1.00
ASTM A 333/A 333M.............. Seamless............ 1.00
Electric resistance 1.00
welded.
ASTM A 381..................... Double submerged arc 1.00
welded.
ASTM A 671..................... Electric-fusion- 1.00
welded.
ASTM A 672..................... Electric-fusion- 1.00
welded.
ASTM A 691..................... Electric-fusion- 1.00
welded.
API 5 L........................ Seamless............ 1.00
Electric resistance 1.00
welded.
Electric flash 1.00
welded.
Submerged arc welded 1.00
Furnace butt welded. .60
Other.......................... Pipe over 4 inches .80
(102 millimeters).
Other.......................... Pipe 4 inches (102 .60
millimeters) or
less.
------------------------------------------------------------------------
If the type of longitudinal joint cannot be determined, the joint factor
to be used must not exceed that designated for ``Other.''
[Amdt. 192-37, 46 FR 10159, Feb. 2, 1981, as amended by Amdt. 192-51, 51
FR 15335, Apr. 23, 1986; Amdt. 192-62, 54 FR 5627, Feb. 6, 1989; 58 FR
14521, Mar. 18, 1993; Amdt. 192-85, 63 FR 37502, July 13, 1998]
Sec. 192.115 Temperature derating factor (T) for steel pipe.
The temperature derating factor to be used in the design formula in
Sec. 192.105 is determined as follows:
------------------------------------------------------------------------
Temperature
Gas temperature in degrees Fahrenheit (Celsius) derating
factor (T)
------------------------------------------------------------------------
250 F (121 C) or less........ 1.000
300 F (149 C)................ 0.967
350 F (177 C)................ 0.933
400 F (204 C)................ 0.900
[[Page 39]]
450 F (232 C)................ 0.867
------------------------------------------------------------------------
For intermediate gas temperatures, the derating factor is determined by
interpolation.
[35 FR 13257, Aug. 19, 1970, as amended by Amdt. 192-85, 63 FR 37502,
July 13, 1998]
Sec. 192.117 [Reserved]
Sec. 192.119 [Reserved]
Sec. 192.121 Design of plastic pipe.
Subject to the limitations of Sec. 192.123, the design pressure for
plastic pipe is determined in accordance with either of the following
formulas:
[GRAPHIC] [TIFF OMITTED] TR06JN96.013
Where:
P=Design pressure, gauge, kPa (psig).
S=For thermoplastic pipe, the long-term hydrostatic strength determined
in accordance with the listed specification at a temperature equal to
73F (23C), 100F
(38C), 120F (49C), or
140F (60C); for reinforced thermosetting
plastic pipe, 11,000 psi (75,842 kPa).
t=Specified wall thickness, mm (in).
D=Specified outside diameter, mm (in).
SDR=Standard dimension ratio, the ratio of the average specified outside
diameter to the minimum specified wall thickness, corresponding to a
value from a common numbering system that was derived from the American
National Standards Institute preferred number series 10.
[Amdt. 192-78, 61 FR 28783, June 6, 1996, as amended by Amdt. 192-85, 63
FR 37502, July 13, 1998]
Sec. 192.123 Design limitations for plastic pipe.
(a) The design pressure may not exceed a gauge pressure of 689 kPa
(100 psig) for plastic pipe used in:
(1) Distribution systems; or
(2) Classes 3 and 4 locations.
(b) Plastic pipe may not be used where operating temperatures of the
pipe will be:
(1) Below -20F (-20C), or -
40F (-40C) if all pipe and pipeline
components whose operating temperature will be below -29C
(-20F) have a temperature rating by the manufacturer
consistent with that operating temperature; or
(2) Above the following applicable temperatures:
(i) For thermoplastic pipe, the temperature at which the long-term
hydrostatic strength used in the design formula under Sec. 192.121 is
determined. However, if the pipe was manufactured before May 18, 1978
and its long-term hydrostatic strength was determined at
73F (23C), it may be used at temperatures
up to 100F (38C).
(ii) For reinforced thermosetting plastic pipe, 150F
(66C).
(c) The wall thickness for thermoplastic pipe may not be less than
0.062 inches (1.57 millimeters).
(d) The wall thickness for reinforced thermosetting plastic pipe may
not be less than that listed in the following table:
------------------------------------------------------------------------
Minimum wall
thickness
Nominal size in inches (millimeters). inches
(millimeters).
------------------------------------------------------------------------
2 (51).................................................. 0.060 (1.52)
3 (76).................................................. 0.060 (1.52)
4 (102)................................................. 0.070 (1.78)
6 (152)................................................. 0.100 (2.54)
------------------------------------------------------------------------
[35 FR 13257, Aug. 19, 1970, as amended by Amdt. 192-31, 43 FR 13883,
Apr. 3, 1978; Amdt. 192-78, 61 FR 28783, June 6, 1996; Amdt. 192-85, 63
FR 37502, July 13, 1998]
Sec. 192.125 Design of copper pipe.
(a) Copper pipe used in mains must have a minimum wall thickness of
0.065 inches (1.65 millimeters) and must be hard drawn.
(b) Copper pipe used in service lines must have wall thickness not
less than that indicated in the following table:
------------------------------------------------------------------------
Wall thickness inch (millimeter)
Standard size inch Nominal O.D. inch ---------------------------------
(millimeter) (millimeter) Nominal Tolerance
------------------------------------------------------------------------
\1/2\ (13) .625 (16) .040 (1.06) .0035 (.0889)
\5/8\ (16) .750 (19) .042 (1.07) .0035 (.0889)
\3/4\ (19) .875 (22) .045 (1.14) .004 (.102)
1 (25) 1.125 (29) .050 (1.27) .004 (.102)
1\1/4\ (32) 1.375 (35) .055 (1.40) .0045 (.1143)
1\1/2\ (38) 1.625 (41) .060 (1.52) .0045 (.1143)
------------------------------------------------------------------------
[[Page 40]]
(c) Copper pipe used in mains and service lines may not be used at
pressures in excess of 100 p.s.i. (689 kPa) gage.
(d) Copper pipe that does not have an internal corrosion resistant
lining may not be used to carry gas that has an average hydrogen sulfide
content of more than 0.3 grains/100 ft\3\ (6.9/m\3\) under standard
conditions. Standard conditions refers to 60F and 14.7
psia (15.6C and one atmosphere) of gas.
[35 FR 13257, Aug. 19, 1970, as amended by Amdt. 192-62, 54 FR 5628,
Feb. 6, 1989; Amdt. 192-85, 63 FR 37502, July 13, 1998]
Effective Date Note: By Amdt. 192-93, 68 FR 53900, Sept. 15, 2003,
Sec. 192.123 was amended by removing the second sentence in paragraph
(b)(2)(i), effective October 15, 2003.
Subpart D--Design of Pipeline Components
Sec. 192.141 Scope.
This subpart prescribes minimum requirements for the design and
installation of pipeline components and facilities. In addition, it
prescribes requirements relating to protection against accidental
overpressuring.
Sec. 192.143 General requirements.
Each component of a pipeline must be able to withstand operating
pressures and other anticipated loadings without impairment of its
serviceability with unit stresses equivalent to those allowed for
comparable material in pipe in the same location and kind of service.
However, if design based upon unit stresses is impractical for a
particular component, design may be based upon a pressure rating
established by the manufacturer by pressure testing that component or a
prototype of the component.
[Amdt. 48, 49 FR 19824, May 10, 1984]
Sec. 192.144 Qualifying metallic components.
Notwithstanding any requirement of this subpart which incorporates
by reference an edition of a document listed in appendix A of this part,
a metallic component manufactured in accordance with any other edition
of that document is qualified for use under this part if--
(a) It can be shown through visual inspection of the cleaned
component that no defect exists which might impair the strength or
tightness of the component; and
(b) The edition of the document under which the component was
manufactured has equal or more stringent requirements for the following
as an edition of that document currently or previously listed in
appendix A:
(1) Pressure testing;
(2) Materials; and
(3) Pressure and temperature ratings.
[Amdt. 192-45, 48 FR 30639, July 5, 1983]
Sec. 192.145 Valves.
(a) Except for cast iron and plastic valves, each valve must meet
the minimum requirements, or equivalent, of API 6D. A valve may not be
used under operating conditions that exceed the applicable pressure-
temperature ratings contained in those requirements.
(b) Each cast iron and plastic valve must comply with the following:
(1) The valve must have a maximum service pressure rating for
temperatures that equal or exceed the maximum service temperature.
(2) The valve must be tested as part of the manufacturing, as
follows:
(i) With the valve in the fully open position, the shell must be
tested with no leakage to a pressure at least 1.5 times the maximum
service rating.
(ii) After the shell test, the seat must be tested to a pressure not
less than 1.5 times the maximum service pressure rating. Except for
swing check valves, test pressure during the seat test must be applied
successively on each side of the closed valve with the opposite side
open. No visible leakage is permitted.
(iii) After the last pressure test is completed, the valve must be
operated through its full travel to demonstrate freedom from
interference.
(c) Each valve must be able to meet the anticipated operating
conditions.
(d) No valve having shell components made of ductile iron may be
used at pressures exceeding 80 percent of the pressure ratings for
comparable steel valves at their listed temperature. However, a valve
having shell components made of ductile iron may be used at pressures up
to 80 percent of the
[[Page 41]]
pressure ratings for comparable steel valves at their listed
temperature, if:
(1) The temperature-adjusted service pressure does not exceed 1,000
p.s.i. (7 Mpa) gage; and
(2) Welding is not used on any ductile iron component in the
fabrication of the valve shells or their assembly.
(e) No valve having pressure containing parts made of ductile iron
may be used in the gas pipe components of compressor stations.
[35 FR 13257, Aug. 19, 1970, as amended by Amdt. 192-62, 54 FR 5628,
Feb. 6, 1989; Amdt. 192-85, 63 FR 37502, July 13, 1998]
Sec. 192.147 Flanges and flange accessories.
(a) Each flange or flange accessory (other than cast iron) must meet
the minimum requirements of ASME/ANSI B16.5, MSS SP-44, or the
equivalent.
(b) Each flange assembly must be able to withstand the maximum
pressure at which the pipeline is to be operated and to maintain its
physical and chemical properties at any temperature to which it is
anticipated that it might be subjected in service.
(c) Each flange on a flanged joint in cast iron pipe must conform in
dimensions, drilling, face and gasket design to ASME/ANSI B16.1 and be
cast integrally with the pipe, valve, or fitting.
[35 FR 13257, Aug. 19, 1970, as amended by Amdt. 192-62, 54 FR 5628,
Feb. 6, 1989; 58 FR 14521, Mar. 18, 1993]
Sec. 192.149 Standard fittings.
(a) The minimum metal thickness of threaded fittings may not be less
than specified for the pressures and temperatures in the applicable
standards referenced in this part, or their equivalent.
(b) Each steel butt-welding fitting must have pressure and
temperature ratings based on stresses for pipe of the same or equivalent
material. The actual bursting strength of the fitting must at least
equal the computed bursting strength of pipe of the designated material
and wall thickness, as determined by a prototype that was tested to at
least the pressure required for the pipeline to which it is being added.
Sec. 192.150 Passage of internal inspection devices.
(a) Except as provided in paragraphs (b) and (c) of this section,
each new transmission line and each line section of a transmission line
where the line pipe, valve, fitting, or other line component is replaced
must be designed and constructed to accommodate the passage of
instrumented internal inspection devices.
(b) This section does not apply to: (1) Manifolds;
(2) Station piping such as at compressor stations, meter stations,
or regulator stations;
(3) Piping associated with storage facilities, other than a
continuous run of transmission line between a compressor station and
storage facilities;
(4) Cross-overs;
(5) Sizes of pipe for which an instrumented internal inspection
device is not commercially available;
(6) Transmission lines, operated in conjunction with a distribution
system which are installed in Class 4 locations;
(7) Offshore pipelines, other than transmission lines 10 inches (254
millimeters) or greater in nominal diameter, that transport gas to
onshore facilities; and
(8) Other piping that, under Sec. 190.9 of this chapter, the
Administrator finds in a particular case would be impracticable to
design and construct to accommodate the passage of instrumented internal
inspection devices.
(c) An operator encountering emergencies, construction time
constraints or other unforeseen construction problems need not construct
a new or replacement segment of a transmission line to meet paragraph
(a) of this section, if the operator determines and documents why an
impracticability prohibits compliance with paragraph (a) of this
section. Within 30 days after discovering the emergency or construction
problem the operator must petition, under Sec. 190.9 of this chapter,
for approval that design and construction to accommodate passage of
instrumented internal inspection devices would be impracticable. If the
petition is denied, within 1 year after the date of the notice of the
denial, the operator must modify that segment to allow
[[Page 42]]
passage of instrumented internal inspection devices.
[Amdt. 192-72, 59 FR 17281, Apr. 12, 1994, as amended by Amdt. 192-85,
63 FR 37502, July 13, 1998]
Sec. 192.151 Tapping.
(a) Each mechanical fitting used to make a hot tap must be designed
for at least the operating pressure of the pipeline.
(b) Where a ductile iron pipe is tapped, the extent of full-thread
engagement and the need for the use of outside-sealing service
connections, tapping saddles, or other fixtures must be determined by
service conditions.
(c) Where a threaded tap is made in cast iron or ductile iron pipe,
the diameter of the tapped hole may not be more than 25 percent of the
nominal diameter of the pipe unless the pipe is reinforced, except that
(1) Existing taps may be used for replacement service, if they are
free of cracks and have good threads; and
(2) A 1\1/4\-inch (32 millimeters) tap may be made in a 4-inch (102
millimeters) cast iron or ductile iron pipe, without reinforcement.
However, in areas where climate, soil, and service conditions may create
unusual external stresses on cast iron pipe, unreinforced taps may be
used only on 6-inch (152 millimeters) or larger pipe.
[35 FR 13257, Aug. 19, 1970, as amended by Amdt. 192-85, 63 FR 37502,
July 13, 1998]
Sec. 192.153 Components fabricated by welding.
(a) Except for branch connections and assemblies of standard pipe
and fittings joined by circumferential welds, the design pressure of
each component fabricated by welding, whose strength cannot be
determined, must be established in accordance with paragraph UG-101 of
section VIII, Division 1, of the ASME Boiler and Pressure Vessel Code.
(b) Each prefabricated unit that uses plate and longitudinal seams
must be designed, constructed, and tested in accordance with section I,
section VIII, Division 1, or section VIII, Division 2 of the ASME Boiler
and Pressure Vessel Code, except for the following:
(1) Regularly manufactured butt-welding fittings.
(2) Pipe that has been produced and tested under a specification
listed in appendix B to this part.
(3) Partial assemblies such as split rings or collars.
(4) Prefabricated units that the manufacturer certifies have been
tested to at least twice the maximum pressure to which they will be
subjected under the anticipated operating conditions.
(c) Orange-peel bull plugs and orange-peel swages may not be used on
pipelines that are to operate at a hoop stress of 20 percent or more of
the SMYS of the pipe.
(d) Except for flat closures designed in accordance with section
VIII of the ASME Boiler and Pressure Code, flat closures and fish tails
may not be used on pipe that either operates at 100 p.s.i. (689 kPa)
gage, or more, or is more than 3 inches (76 millimeters) nominal
diameter.
[35 FR 13257, Aug. 19, 1970, as amended by Amdt. 192-1, 35 FR 17660,
Nov. 17, 1970; 58 FR 14521, Mar. 18, 1993; Amdt. 192-68, 58 FR 45268,
Aug. 27, 1993; Amdt. 192-85, 63 FR 37502, July 13, 1998]
Sec. 192.155 Welded branch connections.
Each welded branch connection made to pipe in the form of a single
connection, or in a header or manifold as a series of connections, must
be designed to ensure that the strength of the pipeline system is not
reduced, taking into account the stresses in the remaining pipe wall due
to the opening in the pipe or header, the shear stresses produced by the
pressure acting on the area of the branch opening, and any external
loadings due to thermal movement, weight, and vibration.
Sec. 192.157 Extruded outlets.
Each extruded outlet must be suitable for anticipated service
conditions and must be at least equal to the design strength of the pipe
and other fittings in the pipeline to which it is attached.
Sec. 192.159 Flexibility.
Each pipeline must be designed with enough flexibility to prevent
thermal expansion or contraction from causing
[[Page 43]]
excessive stresses in the pipe or components, excessive bending or
unusual loads at joints, or undesirable forces or moments at points of
connection to equipment, or at anchorage or guide points.
Sec. 192.161 Supports and anchors.
(a) Each pipeline and its associated equipment must have enough
anchors or supports to:
(1) Prevent undue strain on connected equipment;
(2) Resist longitudinal forces caused by a bend or offset in the
pipe; and
(3) Prevent or damp out excessive vibration.
(b) Each exposed pipeline must have enough supports or anchors to
protect the exposed pipe joints from the maximum end force caused by
internal pressure and any additional forces caused by temperature
expansion or contraction or by the weight of the pipe and its contents.
(c) Each support or anchor on an exposed pipeline must be made of
durable, noncombustible material and must be designed and installed as
follows:
(1) Free expansion and contraction of the pipeline between supports
or anchors may not be restricted.
(2) Provision must be made for the service conditions involved.
(3) Movement of the pipeline may not cause disengagement of the
support equipment.
(d) Each support on an exposed pipeline operated at a stress level
of 50 percent or more of SMYS must comply with the following:
(1) A structural support may not be welded directly to the pipe.
(2) The support must be provided by a member that completely
encircles the pipe.
(3) If an encircling member is welded to a pipe, the weld must be
continuous and cover the entire circumference.
(e) Each underground pipeline that is connected to a relatively
unyielding line or other fixed object must have enough flexibility to
provide for possible movement, or it must have an anchor that will limit
the movement of the pipeline.
(f) Except for offshore pipelines, each underground pipeline that is
being connected to new branches must have a firm foundation for both the
header and the branch to prevent detrimental lateral and vertical
movement.
[35 FR 13257, Aug. 19, 1970, as amended by Amdt. 192-58, 53 FR 1635,
Jan. 21, 1988]
Sec. 192.163 Compressor stations: Design and construction.
(a) Location of compressor building. Except for a compressor
building on a platform located offshore or in inland navigable waters,
each main compressor building of a compressor station must be located on
property under the control of the operator. It must be far enough away
from adjacent property, not under control of the operator, to minimize
the possibility of fire being communicated to the compressor building
from structures on adjacent property. There must be enough open space
around the main compressor building to allow the free movement of fire-
fighting equipment.
(b) Building construction. Each building on a compressor station
site must be made of noncombustible materials if it contains either--
(1) Pipe more than 2 inches (51 millimeters) in diameter that is
carrying gas under pressure; or
(2) Gas handling equipment other than gas utilization equipment used
for domestic purposes.
(c) Exits. Each operating floor of a main compressor building must
have at least two separated and unobstructed exits located so as to
provide a convenient possibility of escape and an unobstructed passage
to a place of safety. Each door latch on an exit must be of a type which
can be readily opened from the inside without a key. Each swinging door
located in an exterior wall must be mounted to swing outward.
(d) Fenced areas. Each fence around a compressor station must have
at least two gates located so as to provide a convenient opportunity for
escape to a place of safety, or have other facilities affording a
similarly convenient exit from the area. Each gate located within 200
feet (61 meters) of any compressor plant building must open outward and,
when occupied, must be openable from the inside without a key.
[[Page 44]]
(e) Electrical facilities. Electrical equipment and wiring installed
in compressor stations must conform to the National Electrical Code,
ANSI/NFPA 70, so far as that code is applicable.
[35 FR 13257, Aug. 19, 1970, as amended by Amdt. 192-27, 41 FR 34605,
Aug. 16, 1976; Amdt. 192-37, 46 FR 10159, Feb. 2, 1981; 58 FR 14521,
Mar. 18, 1993; Amdt. 192-85, 63 FR 37502, 37503, July 13, 1998]
Sec. 192.165 Compressor stations: Liquid removal.
(a) Where entrained vapors in gas may liquefy under the anticipated
pressure and temperature conditions, the compressor must be protected
against the introduction of those liquids in quantities that could cause
damage.
(b) Each liquid separator used to remove entrained liquids at a
compressor station must:
(1) Have a manually operable means of removing these liquids.
(2) Where slugs of liquid could be carried into the compressors,
have either automatic liquid removal facilities, an automatic compressor
shutdown device, or a high liquid level alarm; and
(3) Be manufactured in accordance with section VIII of the ASME
Boiler and Pressure Vessel Code, except that liquid separators
constructed of pipe and fittings without internal welding must be
fabricated with a design factor of 0.4, or less.
Sec. 192.167 Compressor stations: Emergency shutdown.
(a) Except for unattended field compressor stations of 1,000
horsepower (746 kilowatts) or less, each compressor station must have an
emergency shutdown system that meets the following:
(1) It must be able to block gas out of the station and blow down
the station piping.
(2) It must discharge gas from the blowdown piping at a location
where the gas will not create a hazard.
(3) It must provide means for the shutdown of gas compressing
equipment, gas fires, and electrical facilities in the vicinity of gas
headers and in the compressor building, except that:
(i) Electrical circuits that supply emergency lighting required to
assist station personnel in evacuating the compressor building and the
area in the vicinity of the gas headers must remain energized; and
(ii) Electrical circuits needed to protect equipment from damage may
remain energized.
(4) It must be operable from at least two locations, each of which
is:
(i) Outside the gas area of the station;
(ii) Near the exit gates, if the station is fenced, or near
emergency exits, if not fenced; and
(iii) Not more than 500 feet (153 meters) from the limits of the
station.
(b) If a compressor station supplies gas directly to a distribution
system with no other adequate source of gas available, the emergency
shutdown system must be designed so that it will not function at the
wrong time and cause an unintended outage on the distribution system.
(c) On a platform located offshore or in inland navigable waters,
the emergency shutdown system must be designed and installed to actuate
automatically by each of the following events:
(1) In the case of an unattended compressor station:
(i) When the gas pressure equals the maximum allowable operating
pressure plus 15 percent; or
(ii) When an uncontrolled fire occurs on the platform; and
(2) In the case of a compressor station in a building:
(i) When an uncontrolled fire occurs in the building; or
(ii) When the concentration of gas in air reaches 50 percent or more
of the lower explosive limit in a building which has a source of
ignition.
For the purpose of paragraph (c)(2)(ii) of this section, an electrical
facility which conforms to Class 1, Group D, of the National Electrical
Code is not a source of ignition.
[35 FR 13257, Aug. 19, 1970, as amended by Amdt. 192-27, 41 FR 34605,
Aug. 16, 1976; Amdt. 192-85, 63 FR 37503, July 13, 1998]
Sec. 192.169 Compressor stations: Pressure limiting devices.
(a) Each compressor station must have pressure relief or other
suitable protective devices of sufficient capacity and sensitivity to
ensure that the maximum allowable operating pressure
[[Page 45]]
of the station piping and equipment is not exceeded by more than 10
percent.
(b) Each vent line that exhausts gas from the pressure relief valves
of a compressor station must extend to a location where the gas may be
discharged without hazard.
Sec. 192.171 Compressor stations: Additional safety equipment.
(a) Each compressor station must have adequate fire protection
facilities. If fire pumps are a part of these facilities, their
operation may not be affected by the emergency shutdown system.
(b) Each compressor station prime mover, other than an electrical
induction or synchronous motor, must have an automatic device to shut
down the unit before the speed of either the prime mover or the driven
unit exceeds a maximum safe speed.
(c) Each compressor unit in a compressor station must have a
shutdown or alarm device that operates in the event of inadequate
cooling or lubrication of the unit.
(d) Each compressor station gas engine that operates with pressure
gas injection must be equipped so that stoppage of the engine
automatically shuts off the fuel and vents the engine distribution
manifold.
(e) Each muffler for a gas engine in a compressor station must have
vent slots or holes in the baffles of each compartment to prevent gas
from being trapped in the muffler.
Sec. 192.173 Compressor stations: Ventilation.
Each compressor station building must be ventilated to ensure that
employees are not endangered by the accumulation of gas in rooms, sumps,
attics, pits, or other enclosed places.
Sec. 192.175 Pipe-type and bottle-type holders.
(a) Each pipe-type and bottle-type holder must be designed so as to
prevent the accumulation of liquids in the holder, in connecting pipe,
or in auxiliary equipment, that might cause corrosion or interfere with
the safe operation of the holder.
(b) Each pipe-type or bottle-type holder must have minimum clearance
from other holders in accordance with the following formula:
C=(DxPxF)/48.33) (C=(3DxPxF/1,000))
in which:
C=Minimum clearance between pipe containers or bottles in inches
(millimeters).
D=Outside diameter of pipe containers or bottles in inches
(millimeters).
P=Maximum allowable operating pressure, p.s.i. (kPa) gage.
F=Design factor as set forth in Sec. 192.111 of this part.
[35 FR 13257, Aug. 19, 1970, as amended by Amdt. 192-85, 63 FR 37503,
July 13, 1998]
Sec. 192.177 Additional provisions for bottle-type holders.
(a) Each bottle-type holder must be--
(1) Located on a site entirely surrounded by fencing that prevents
access by unauthorized persons and with minimum clearance from the fence
as follows:
------------------------------------------------------------------------
Minimum
Maximum allowable operating pressure clearance feet
(meters)
------------------------------------------------------------------------
Less than 1,000 p.s.i. (7 MPa) gage.................... 25 (7.6)
1,000 p.s.i. (7 MPa) gage or more...................... 100 (31)
------------------------------------------------------------------------
(2) Designed using the design factors set forth in Sec. 192.111; and
(3) Buried with a minimum cover in accordance with Sec. 192.327.
(b) Each bottle-type holder manufactured from steel that is not
weldable under field conditions must comply with the following:
(1) A bottle-type holder made from alloy steel must meet the
chemical and tensile requirements for the various grades of steel in
ASTM A 372/A 372M.
(2) The actual yield-tensile ratio of the steel may not exceed 0.85.
(3) Welding may not be performed on the holder after it has been
heat treated or stress relieved, except that copper wires may be
attached to the small diameter portion of the bottle end closure for
cathodic protection if a localized thermit welding process is used.
(4) The holder must be given a mill hydrostatic test at a pressure
that produces a hoop stress at least equal to 85 percent of the SMYS.
(5) The holder, connection pipe, and components must be leak tested
after
[[Page 46]]
installation as required by subpart J of this part.
[35 FR 13257, Aug. 19, 1970, as amended by Amdt. 192-58, 53 FR 1635,
Jan. 21, 1988; Amdt 192-62, 54 FR 5628, Feb. 6, 1989; 58 FR 14521, Mar.
18, 1993; Amdt. 192-85, 63 FR 37503, July 13, 1998]
Sec. 192.179 Transmission line valves.
(a) Each transmission line, other than offshore segments, must have
sectionalizing block valves spaced as follows, unless in a particular
case the Administrator finds that alternative spacing would provide an
equivalent level of safety:
(1) Each point on the pipeline in a Class 4 location must be within
2\1/2\ miles (4 kilometers)of a valve.
(2) Each point on the pipeline in a Class 3 location must be within
4 miles (6.4 kilometers) of a valve.
(3) Each point on the pipeline in a Class 2 location must be within
7\1/2\ miles (12 kilometers) of a valve.
(4) Each point on the pipeline in a Class 1 location must be within
10 miles (16 kilometers) of a valve.
(b) Each sectionalizing block valve on a transmission line, other
than offshore segments, must comply with the following:
(1) The valve and the operating device to open or close the valve
must be readily accessible and protected from tampering and damage.
(2) The valve must be supported to prevent settling of the valve or
movement of the pipe to which it is attached.
(c) Each section of a transmission line, other than offshore
segments, between main line valves must have a blowdown valve with
enough capacity to allow the transmission line to be blown down as
rapidly as practicable. Each blowdown discharge must be located so the
gas can be blown to the atmosphere without hazard and, if the
transmission line is adjacent to an overhead electric line, so that the
gas is directed away from the electrical conductors.
(d) Offshore segments of transmission lines must be equipped with
valves or other components to shut off the flow of gas to an offshore
platform in an emergency.
[35 FR 13257, Aug. 19, 1970, as amended by Amdt. 192-27, 41 FR 34606,
Aug. 16, 1976; Amdt. 192-78, 61 FR 28784, June 6, 1996; Amdt. 192-85, 63
FR 37503, July 13, 1998]
Sec. 192.181 Distribution line valves.
(a) Each high-pressure distribution system must have valves spaced
so as to reduce the time to shut down a section of main in an emergency.
The valve spacing is determined by the operating pressure, the size of
the mains, and the local physical conditions.
(b) Each regulator station controlling the flow or pressure of gas
in a distribution system must have a valve installed on the inlet piping
at a distance from the regulator station sufficient to permit the
operation of the valve during an emergency that might preclude access to
the station.
(c) Each valve on a main installed for operating or emergency
purposes must comply with the following:
(1) The valve must be placed in a readily accessible location so as
to facilitate its operation in an emergency.
(2) The operating stem or mechanism must be readily accessible.
(3) If the valve is installed in a buried box or enclosure, the box
or enclosure must be installed so as to avoid transmitting external
loads to the main.
Sec. 192.183 Vaults: Structural design requirements.
(a) Each underground vault or pit for valves, pressure relieving,
pressure limiting, or pressure regulating stations, must be able to meet
the loads which may be imposed upon it, and to protect installed
equipment.
(b) There must be enough working space so that all of the equipment
required in the vault or pit can be properly installed, operated, and
maintained.
(c) Each pipe entering, or within, a regulator vault or pit must be
steel for sizes 10 inch (254 millimeters), and less, except that control
and gage piping may be copper. Where pipe extends through the vault or
pit structure, provision must be made to prevent the passage of gases or
liquids through the
[[Page 47]]
opening and to avert strains in the pipe.
[35 FR 13257, Aug. 19, 1970, as amended by Amdt. 192-85, 63 FR 37503,
July 13, 1998]
Sec. 192.185 Vaults: Accessibility.
Each vault must be located in an accessible location and, so far as
practical, away from:
(a) Street intersections or points where traffic is heavy or dense;
(b) Points of minimum elevation, catch basins, or places where the
access cover will be in the course of surface waters; and
(c) Water, electric, steam, or other facilities.
Sec. 192.187 Vaults: Sealing, venting, and ventilation.
Each underground vault or closed top pit containing either a
pressure regulating or reducing station, or a pressure limiting or
relieving station, must be sealed, vented or ventilated as follows:
(a) When the internal volume exceeds 200 cubic feet (5.7 cubic
meters):
(1) The vault or pit must be ventilated with two ducts, each having
at least the ventilating effect of a pipe 4 inches (102 millimeters) in
diameter;
(2) The ventilation must be enough to minimize the formation of
combustible atmosphere in the vault or pit; and
(3) The ducts must be high enough above grade to disperse any gas-
air mixtures that might be discharged.
(b) When the internal volume is more than 75 cubic feet (2.1 cubic
meters) but less than 200 cubic feet (5.7 cubic meters):
(1) If the vault or pit is sealed, each opening must have a tight
fitting cover without open holes through which an explosive mixture
might be ignited, and there must be a means for testing the internal
atmosphere before removing the cover;
(2) If the vault or pit is vented, there must be a means of
preventing external sources of ignition from reaching the vault
atmosphere; or
(3) If the vault or pit is ventilated, paragraph (a) or (c) of this
section applies.
(c) If a vault or pit covered by paragraph (b) of this section is
ventilated by openings in the covers or gratings and the ratio of the
internal volume, in cubic feet, to the effective ventilating area of the
cover or grating, in square feet, is less than 20 to 1, no additional
ventilation is required.
[35 FR 13257, Aug. 19, 1970, as amended by Amdt. 192-85, 63 FR 37503,
July 13, 1998]
Sec. 192.189 Vaults: Drainage and waterproofing.
(a) Each vault must be designed so as to minimize the entrance of
water.
(b) A vault containing gas piping may not be connected by means of a
drain connection to any other underground structure.
(c) Electrical equipment in vaults must conform to the applicable
requirements of Class 1, Group D, of the National Electrical Code, ANSI/
NFPA 70.
[35 FR 13257, Aug. 19, 1970, as amended by Amdt. 192-76, 61 FR 26122,
May 24, 1996]
Sec. 192.191 Design pressure of plastic fittings.
(a) Thermosetting fittings for plastic pipe must conform to ASTM D
2517.
(b) Thermoplastic fittings for plastic pipe must conform to ASTM D
2513.
[35 FR 13257, Aug. 19, 1970, as amended by Amdt. 192-58, 53 FR 1635,
Jan. 21, 1988]
Sec. 192.193 Valve installation in plastic pipe.
Each valve installed in plastic pipe must be designed so as to
protect the plastic material against excessive torsional or shearing
loads when the valve or shutoff is operated, and from any other
secondary stresses that might be exerted through the valve or its
enclosure.
Sec. 192.195 Protection against accidental overpressuring.
(a) General requirements. Except as provided in Sec. 192.197, each
pipeline that is connected to a gas source so that the maximum allowable
operating pressure could be exceeded as the result of pressure control
failure or of some other type of failure, must have pressure relieving
or pressure limiting devices that meet the requirements of Sec.Sec.
192.199 and 192.201.
(b) Additional requirements for distribution systems. Each
distribution system
[[Page 48]]
that is supplied from a source of gas that is at a higher pressure than
the maximum allowable operating pressure for the system must--
(1) Have pressure regulation devices capable of meeting the
pressure, load, and other service conditions that will be experienced in
normal operation of the system, and that could be activated in the event
of failure of some portion of the system; and
(2) Be designed so as to prevent accidental overpressuring.
Sec. 192.197 Control of the pressure of gas delivered from high-pressure
distribution systems.
(a) If the maximum actual operating pressure of the distribution
system is under 60 p.s.i. (414 kPa) gage and a service regulator having
the following characteristics is used, no other pressure limiting device
is required:
(1) A regulator capable of reducing distribution line pressure to
pressures recommended for household appliances.
(2) A single port valve with proper orifice for the maximum gas
pressure at the regulator inlet.
(3) A valve seat made of resilient material designed to withstand
abrasion of the gas, impurities in gas, cutting by the valve, and to
resist permanent deformation when it is pressed against the valve port.
(4) Pipe connections to the regulator not exceeding 2 inches (51
millimeters) in diameter.
(5) A regulator that, under normal operating conditions, is able to
regulate the downstream pressure within the necessary limits of accuracy
and to limit the build-up of pressure under no-flow conditions to
prevent a pressure that would cause the unsafe operation of any
connected and properly adjusted gas utilization equipment.
(6) A self-contained service regulator with no external static or
control lines.
(b) If the maximum actual operating pressure of the distribution
system is 60 p.s.i. (414 kPa) gage, or less, and a service regulator
that does not have all of the characteristics listed in paragraph (a) of
this section is used, or if the gas contains materials that seriously
interfere with the operation of service regulators, there must be
suitable protective devices to prevent unsafe overpressuring of the
customer's appliances if the service regulator fails.
(c) If the maximum actual operating pressure of the distribution
system exceeds 60 p.s.i. (414 kPa) gage, one of the following methods
must be used to regulate and limit, to the maximum safe value, the
pressure of gas delivered to the customer:
(1) A service regulator having the characteristics listed in
paragraph (a) of this section, and another regulator located upstream
from the service regulator. The upstream regulator may not be set to
maintain a pressure higher than 60 p.s.i. (414 kPa) gage. A device must
be installed between the upstream regulator and the service regulator to
limit the pressure on the inlet of the service regulator to 60 p.s.i.
(414 kPa) gage or less in case the upstream regulator fails to function
properly. This device may be either a relief valve or an automatic
shutoff that shuts, if the pressure on the inlet of the service
regulator exceeds the set pressure (60 p.s.i. (414 kPa) gage or less),
and remains closed until manually reset.
(2) A service regulator and a monitoring regulator set to limit, to
a maximum safe value, the pressure of the gas delivered to the customer.
(3) A service regulator with a relief valve vented to the outside
atmosphere, with the relief valve set to open so that the pressure of
gas going to the customer does not exceed a maximum safe value. The
relief valve may either be built into the service regulator or it may be
a separate unit installed downstream from the service regulator. This
combination may be used alone only in those cases where the inlet
pressure on the service regulator does not exceed the manufacturer's
safe working pressure rating of the service regulator, and may not be
used where the inlet pressure on the service regulator exceeds 125
p.s.i. (862 kPa) gage. For higher inlet pressures, the methods in
paragraph (c) (1) or (2) of this section must be used.
(4) A service regulator and an automatic shutoff device that closes
upon a rise in pressure downstream from the
[[Page 49]]
regulator and remains closed until manually reset.
[35 FR 13257, Aug. 19, 1970, as amended by Amdt. 192-1, 35 FR 17660,
Nov. 7, 1970; Amdt 192-85, 63 FR 37503, July 13, 1998]
Effective Date Note: By Amdt. 192-93, 68 FR 53900, Sept. 15, 2003,
Sec. 192.197 was amended by removing the term ``under 60 p.s.i. (414
kPa) gage'' and add the term ``60 psi (414 kPa) gage, or less,'' in its
place, effective October 15, 2003.
Sec. 192.199 Requirements for design of pressure relief and limiting devices.
Except for rupture discs, each pressure relief or pressure limiting
device must:
(a) Be constructed of materials such that the operation of the
device will not be impaired by corrosion;
(b) Have valves and valve seats that are designed not to stick in a
position that will make the device inoperative;
(c) Be designed and installed so that it can be readily operated to
determine if the valve is free, can be tested to determine the pressure
at which it will operate, and can be tested for leakage when in the
closed position;
(d) Have support made of noncombustible material;
(e) Have discharge stacks, vents, or outlet ports designed to
prevent accumulation of water, ice, or snow, located where gas can be
discharged into the atmosphere without undue hazard;
(f) Be designed and installed so that the size of the openings,
pipe, and fittings located between the system to be protected and the
pressure relieving device, and the size of the vent line, are adequate
to prevent hammering of the valve and to prevent impairment of relief
capacity;
(g) Where installed at a district regulator station to protect a
pipeline system from overpressuring, be designed and installed to
prevent any single incident such as an explosion in a vault or damage by
a vehicle from affecting the operation of both the overpressure
protective device and the district regulator; and
(h) Except for a valve that will isolate the system under protection
from its source of pressure, be designed to prevent unauthorized
operation of any stop valve that will make the pressure relief valve or
pressure limiting device inoperative.
[35 FR 13257, Aug. 19, 1970, as amended by Amdt. 192-1, 35 FR 17660,
Nov. 17, 1970]
Sec. 192.201 Required capacity of pressure relieving and limiting stations.
(a) Each pressure relief station or pressure limiting station or
group of those stations installed to protect a pipeline must have enough
capacity, and must be set to operate, to insure the following:
(1) In a low pressure distribution system, the pressure may not
cause the unsafe operation of any connected and properly adjusted gas
utilization equipment.
(2) In pipelines other than a low pressure distribution system:
(i) If the maximum allowable operating pressure is 60 p.s.i. (414
kPa) gage or more, the pressure may not exceed the maximum allowable
operating pressure plus 10 percent, or the pressure that produces a hoop
stress of 75 percent of SMYS, whichever is lower;
(ii) If the maximum allowable operating pressure is 12 p.s.i. (83
kPa) gage or more, but less than 60 p.s.i. (414 kPa) gage, the pressure
may not exceed the maximum allowable operating pressure plus 6 p.s.i.
(41 kPa) gage; or
(iii) If the maximum allowable operating pressure is less than 12
p.s.i. (83 kPa) gage, the pressure may not exceed the maximum allowable
operating pressure plus 50 percent.
(b) When more than one pressure regulating or compressor station
feeds into a pipeline, relief valves or other protective devices must be
installed at each station to ensure that the complete failure of the
largest capacity regulator or compressor, or any single run of lesser
capacity regulators or compressors in that station, will not impose
pressures on any part of the pipeline or distribution system in excess
of those for which it was designed, or against which it was protected,
whichever is lower.
(c) Relief valves or other pressure limiting devices must be
installed at or near each regulator station in a low-pressure
distribution system, with a capacity to limit the maximum pressure in
the main to a pressure that will not exceed the safe operating pressure
[[Page 50]]
for any connected and properly adjusted gas utilization equipment.
[35 FR 13257, Aug. 19, 1970, as amended by Amdt. 192-9, 37 FR 20827,
Oct. 4, 1972; Amdt 192-85, 63 FR 37503, July 13, 1998]
Sec. 192.203 Instrument, control, and sampling pipe and components.
(a) Applicability. This section applies to the design of instrument,
control, and sampling pipe and components. It does not apply to
permanently closed systems, such as fluid-filled temperature-responsive
devices.
(b) Materials and design. All materials employed for pipe and
components must be designed to meet the particular conditions of service
and the following:
(1) Each takeoff connection and attaching boss, fitting, or adapter
must be made of suitable material, be able to withstand the maximum
service pressure and temperature of the pipe or equipment to which it is
attached, and be designed to satisfactorily withstand all stresses
without failure by fatigue.
(2) Except for takeoff lines that can be isolated from sources of
pressure by other valving, a shutoff valve must be installed in each
takeoff line as near as practicable to the point of takeoff. Blowdown
valves must be installed where necessary.
(3) Brass or copper material may not be used for metal temperatures
greater than 400 F (204C).
(4) Pipe or components that may contain liquids must be protected by
heating or other means from damage due to freezing.
(5) Pipe or components in which liquids may accumulate must have
drains or drips.
(6) Pipe or components subject to clogging from solids or deposits
must have suitable connections for cleaning.
(7) The arrangement of pipe, components, and supports must provide
safety under anticipated operating stresses.
(8) Each joint between sections of pipe, and between pipe and valves
or fittings, must be made in a manner suitable for the anticipated
pressure and temperature condition. Slip type expansion joints may not
be used. Expansion must be allowed for by providing flexibility within
the system itself.
(9) Each control line must be protected from anticipated causes of
damage and must be designed and installed to prevent damage to any one
control line from making both the regulator and the over-pressure
protective device inoperative.
[35 FR 13257, Aug. 19, 1970, as amended by Amdt. 192-78, 61 FR 28784,
June 6, 1996; Amdt. 192-85, 63 FR 37503, July 13, 1998]
Subpart E--Welding of Steel in Pipelines
Sec. 192.221 Scope.
(a) This subpart prescribes minimum requirements for welding steel
materials in pipelines.
(b) This subpart does not apply to welding that occurs during the
manufacture of steel pipe or steel pipeline components.
Sec. 192.225 Welding--General.
(a) Welding must be performed by a qualified welder in accordance
with welding procedures qualified to produce welds meeting the
requirements of this subpart. The quality of the test welds used to
qualify the procedure shall be determined by destructive testing.
(b) Each welding procedure must be recorded in detail, including the
results of the qualifying tests. This record must be retained and
followed whenever the procedure is used.
[Amdt. 192-52, 51 FR 20297, June 4, 1986]
Sec. 192.227 Qualification of welders.
(a) Except as provided in paragraph (b) of this section, each welder
must be qualified in accordance with section 3 of API Standard 1104 or
section IX of the ASME Boiler and Pressure Vessel Code. However, a
welder qualified under an earlier edition than listed in appendix A may
weld but may not requalify under that earlier edition.
(b) A welder may qualify to perform welding on pipe to be operated
at a pressure that produces a hoop stress of less than 20 percent of
SMYS by performing an acceptable test weld, for the process to be used,
under the test set forth in section I of Appendix C of
[[Page 51]]
this part. Each welder who is to make a welded service line connection
to a main must first perform an acceptable test weld under section II of
Appendix C of this part as a requirement of the qualifying test.
[35 FR 13257, Aug. 19, 1970, as amended by Amdt. 192-43, 47 FR 46851,
Oct. 21, 1982; Amdt. 192-52, 51 FR 20297, June 4, 1986; Amdt. 192-78, 61
FR 28784, June 6, 1996]
Sec. 192.229 Limitations on welders.
(a) No welder whose qualification is based on nondestructive testing
may weld compressor station pipe and components.
(b) No welder may weld with a particular welding process unless,
within the preceding 6 calendar months, he has engaged in welding with
that process.
(c) A welder qualified under Sec. 192.227(a)--
(1) May not weld on pipe to be operated at a pressure that produces
a hoop stress of 20 percent or more of SMYS unless within the preceding
6 calendar months the welder has had one weld tested and found
acceptable under section 3 or 6 of API Standard 1104, except that a
welder qualified under an earlier edition previously listed in Appendix
A of this part may weld but may not requalify under that earlier
edition; and
(2) May not weld on pipe to be operated at a pressure that produces
a hoop stress of less than 20 percent of SMYS unless the welder is
tested in accordance with paragraph (c)(1) of this section or
requalifies under paragraph (d)(1) or (d)(2) of this section.
(d) A welder qualified under Sec. 192.227(b) may not weld unless--
(1) Within the preceding 15 calendar months, but at least once each
calendar year, the welder has requalified under Sec. 192.227(b); or
(2) Within the preceding 7\1/2\ calendar months, but at least twice
each calendar year, the welder has had--
(i) A production weld cut out, tested, and found acceptable in
accordance with the qualifying test; or
(ii) For welders who work only on service lines 2 inches (51
millimeters) or smaller in diameter, two sample welds tested and found
acceptable in accordance with the test in section III of Appendix C of
this part.
[35 FR 13257, Aug. 19, 1970, as amended by Amdt. 192-37, 46 FR 10159,
Feb. 2, 1981; Amdt. 192-78, 61 FR 28784, June 6, 1996; Amdt. 192-85, 63
FR 37503, July 13, 1998]
Sec. 192.231 Protection from weather.
The welding operation must be protected from weather conditions that
would impair the quality of the completed weld.
Sec. 192.233 Miter joints.
(a) A miter joint on steel pipe to be operated at a pressure that
produces a hoop stress of 30 percent or more of SMYS may not deflect the
pipe more than 3.
(b) A miter joint on steel pipe to be operated at a pressure that
produces a hoop stress of less than 30 percent, but more than 10
percent, of SMYS may not deflect the pipe more than 12\1/
2\ and must be a distance equal to one pipe diameter or
more away from any other miter joint, as measured from the crotch of
each joint.
(c) A miter joint on steel pipe to be operated at a pressure that
produces a hoop stress of 10 percent or less of SMYS may not deflect the
pipe more than 90.
Sec. 192.235 Preparation for welding.
Before beginning any welding, the welding surfaces must be clean and
free of any material that may be detrimental to the weld, and the pipe
or component must be aligned to provide the most favorable condition for
depositing the root bead. This alignment must be preserved while the
root bead is being deposited.
Sec. 192.241 Inspection and test of welds.
(a) Visual inspection of welding must be conducted to insure that:
(1) The welding is performed in accordance with the welding
procedure; and
(2) The weld is acceptable under paragraph (c) of this section.
(b) The welds on a pipeline to be operated at a pressure that
produces a hoop stress of 20 percent or more of SMYS must be
nondestructively tested in accordance with Sec. 192.243, except that
welds that are visually inspected and
[[Page 52]]
approved by a qualified welding inspector need not be nondestructively
tested if:
(1) The pipe has a nominal diameter of less than 6 inches (152
millimeters); or
(2) The pipeline is to be operated at a pressure that produces a
hoop stress of less than 40 percent of SMYS and the welds are so limited
in number that nondestructive testing is impractical.
(c) The acceptability of a weld that is nondestructively tested or
visually inspected is determined according to the standards in section 6
of API Standard 1104. However, if a girth weld is unacceptable under
those standards for a reason other than a crack, and if the Appendix to
API Standard 1104 applies to the weld, the acceptability of the weld may
be further determined under that Appendix.
[35 FR 13257, Aug. 19, 1970, as amended by Amdt. 192-37, 46 FR 10160,
Feb. 2, 1981; Amdt. 192-78, 61 FR 28784, June 6, 1996; Amdt. 192-85, 63
FR 37503, July 13, 1998]
Sec. 192.243 Nondestructive testing.
(a) Nondestructive testing of welds must be performed by any
process, other than trepanning, that will clearly indicate defects that
may affect the integrity of the weld.
(b) Nondestructive testing of welds must be performed:
(1) In accordance with written procedures; and
(2) By persons who have been trained and qualified in the
established procedures and with the equipment employed in testing.
(c) Procedures must be established for the proper interpretation of
each nondestructive test of a weld to ensure the acceptability of the
weld under Sec. 192.241(c).
(d) When nondestructive testing is required under Sec. 192.241(b),
the following percentages of each day's field butt welds, selected at
random by the operator, must be nondestructively tested over their
entire circumference:
(1) In Class 1 locations, except offshore, at least 10 percent.
(2) In Class 2 locations, at least 15 percent.
(3) In Class 3 and Class 4 locations, at crossings of major or
navigable rivers, offshore, and within railroad or public highway
rights-of-way, including tunnels, bridges, and overhead road crossings,
100 percent unless impracticable, in which case at least 90 percent.
Nondestructive testing must be impracticable for each girth weld not
tested.
(4) At pipeline tie-ins, including tie-ins of replacement sections,
100 percent.
(e) Except for a welder whose work is isolated from the principal
welding activity, a sample of each welder's work for each day must be
nondestructively tested, when nondestructive testing is required under
Sec. 192.241(b).
(f) When nondestructive testing is required under Sec. 192.241(b),
each operator must retain, for the life of the pipeline, a record
showing by milepost, engineering station, or by geographic feature, the
number of girth welds made, the number nondestructively tested, the
number rejected, and the disposition of the rejects.
[35 FR 13257, Aug. 19, 1970, as amended by Amdt. 192-27, 41 FR 34606,
Aug. 16, 1976; Amdt. 192-50, 50 FR 37192, Sept. 12, 1985; Amdt. 192-78,
61 FR 28784, June 6, 1996]
Sec. 192.245 Repair or removal of defects.
(a) Each weld that is unacceptable under Sec. 192.241(c) must be
removed or repaired. Except for welds on an offshore pipeline being
installed from a pipeline vessel, a weld must be removed if it has a
crack that is more than 8 percent of the weld length.
(b) Each weld that is repaired must have the defect removed down to
sound metal and the segment to be repaired must be preheated if
conditions exist which would adversely affect the quality of the weld
repair. After repair, the segment of the weld that was repaired must be
inspected to ensure its acceptability.
(c) Repair of a crack, or of any defect in a previously repaired
area must be in accordance with written weld repair procedures that have
been qualified under Sec. 192.225. Repair procedures must provide that
the minimum mechanical properties specified for the welding procedure
used to make the original weld are met upon completion of the final weld
repair.
[Amdt. 192-46, 48 FR 48674, Oct. 20, 1983]
[[Page 53]]
Subpart F--Joining of Materials Other Than by Welding
Sec. 192.271 Scope.
(a) This subpart prescribes minimum requirements for joining
materials in pipelines, other than by welding.
(b) This subpart does not apply to joining during the manufacture of
pipe or pipeline components.
Sec. 192.273 General.
(a) The pipeline must be designed and installed so that each joint
will sustain the longitudinal pullout or thrust forces caused by
contraction or expansion of the piping or by anticipated external or
internal loading.
(b) Each joint must be made in accordance with written procedures
that have been proven by test or experience to produce strong gastight
joints.
(c) Each joint must be inspected to insure compliance with this
subpart.
Sec. 192.275 Cast iron pipe.
(a) Each caulked bell and spigot joint in cast iron pipe must be
sealed with mechanical leak clamps.
(b) Each mechanical joint in cast iron pipe must have a gasket made
of a resilient material as the sealing medium. Each gasket must be
suitably confined and retained under compression by a separate gland or
follower ring.
(c) Cast iron pipe may not be joined by threaded joints.
(d) Cast iron pipe may not be joined by brazing.
[35 FR 13257, Aug. 19, 1970, as amended by Amdt. 192-62, 54 FR 5628,
Feb. 6, 1989]
Sec. 192.277 Ductile iron pipe.
(a) Ductile iron pipe may not be joined by threaded joints.
(b) Ductile iron pipe may not be joined by brazing.
[35 FR 13257, Aug. 19, 1970, as amended by Amdt. 192-62, 54 FR 5628,
Feb. 6, 1989]
Sec. 192.279 Copper pipe.
Copper pipe may not be threaded except that copper pipe used for
joining screw fittings or valves may be threaded if the wall thickness
is equivalent to the comparable size of Schedule 40 or heavier wall pipe
listed in Table C1 of ASME/ANSI B16.5.
[Amdt. 192-62, 54 FR 5628, Feb. 6, 1989, as amended at 58 FR 14521, Mar.
18, 1993]
Sec. 192.281 Plastic pipe.
(a) General. A plastic pipe joint that is joined by solvent cement,
adhesive, or heat fusion may not be disturbed until it has properly set.
Plastic pipe may not be joined by a threaded joint or miter joint.
(b) Solvent cement joints. Each solvent cement joint on plastic pipe
must comply with the following:
(1) The mating surfaces of the joint must be clean, dry, and free of
material which might be deterimental to the joint.
(2) The solvent cement must conform to ASTM Designation D 2513.
(3) The joint may not be heated to accelerate the setting of the
cement.
(c) Heat-fusion joints. Each heat-fusion joint on plastic pipe must
comply with the following:
(1) A butt heat-fusion joint must be joined by a device that holds
the heater element square to the ends of the piping, compresses the
heated ends together, and holds the pipe in proper alignment while the
plastic hardens.
(2) A socket heat-fusion joint must be joined by a device that heats
the mating surfaces of the joint uniformly and simultaneously to
essentially the same temperature.
(3) An electrofusion joint must be joined utilizing the equipment
and techniques of the fittings manufacturer or equipment and techniques
shown, by testing joints to the requirements of Sec. 192.283(a)(1)(iii),
to be at least equivalent to those of the fittings manufacturer.
(4) Heat may not be applied with a torch or other open flame.
(d) Adhesive joints. Each adhesive joint on plastic pipe must comply
with the following:
(1) The adhesive must conform to ASTM Designation D 2517.
(2) The materials and adhesive must be compatible with each other.
(e) Mechanical joints. Each compression type mechanical joint on
plastic pipe must comply with the following:
[[Page 54]]
(1) The gasket material in the coupling must be compatible with the
plastic.
(2) A rigid internal tubular stiffener, other than a split tubular
stiffener, must be used in conjunction with the coupling.
[35 FR 13257, Aug. 19, 1970, as amended by Amdt. 192-34, 44 FR 42973,
July 23, 1979; Amdt. 192-58, 53 FR 1635, Jan. 21, 1988; Amdt. 192-61, 53
FR 36793, Sept. 22, 1988; 58 FR 14521, Mar. 18, 1993; Amdt. 192-78, 61
FR 28784, June 6, 1996]
Sec. 192.283 Plastic pipe: qualifying joining procedures.
(a) Heat fusion, solvent cement, and adhesive joints. Before any
written procedure established under Sec. 192.273(b) is used for making
plastic pipe joints by a heat fusion, solvent cement, or adhesive
method, the procedure must be qualified by subjecting specimen joints
made according to the procedure to the following tests:
(1) The burst test requirements of--
(i) In the case of thermoplastic pipe, paragraph 6.6 (Sustained
Pressure Test) or paragraph 6.7 (Minimum Hydrostatic Burst Pressure
(Quick Burst)) of ASTM D 2513;
(ii) In the case of thermosetting plastic pipe, paragraph 8.5
(Minimum Hydrostatic Burst Pressure) or paragraph 8.9 (Sustained Static
Pressure Test) of ASTM D2517; or
(iii) In the case of electrofusion fittings for polyethylene pipe
and tubing, paragraph 9.1 (Minimum Hydraulic Burst Pressure Test),
paragraph 9.2 (Sustained Pressure Test), paragraph 9.3 (Tensile Strength
Test), or paragraph 9.4 (Joint Integrity Tests) of ASTM Designation
F1055.
(2) For procedures intended for lateral pipe connections, subject a
specimen joint made from pipe sections joined at right angles according
to the procedure to a force on the lateral pipe until failure occurs in
the specimen. If failure initiates outside the joint area, the procedure
qualifies for use; and
(3) For procedures intended for nonlateral pipe connections, follow
the tensile test requirements of ASTM D638, except that the test may be
conducted at ambient temperature and humidity. If the specimen elongates
no less than 25 percent or failure initiates outside the joint area, the
procedure qualifies for use.
(b) Mechanical joints. Before any written procedure established
under Sec. 192.273(b) is used for making mechanical plastic pipe joints
that are designed to withstand tensile forces, the procedure must be
qualified by subjecting 5 specimen joints made according to the
procedure to the following tensile test:
(1) Use an apparatus for the test as specified in ASTM D 638 (except
for conditioning).
(2) The specimen must be of such length that the distance between
the grips of the apparatus and the end of the stiffener does not affect
the joint strength.
(3) The speed of testing is 0.20 in (5.0 mm) per minute, plus or
minus 25 percent.
(4) Pipe specimens less than 4 inches (102 mm) in diameter are
qualified if the pipe yields to an elongation of no less than 25 percent
or failure initiates outside the joint area.
(5) Pipe specimens 4 inches (102 mm) and larger in diameter shall be
pulled until the pipe is subjected to a tensile stress equal to or
greater than the maximum thermal stress that would be produced by a
temperature change of 100F (38C) or until
the pipe is pulled from the fitting. If the pipe pulls from the fitting,
the lowest value of the five test results or the manufacturer's rating,
whichever is lower must be used in the design calculations for stress.
(6) Each specimen that fails at the grips must be retested using new
pipe.
(7) Results obtained pertain only to the specific outside diameter,
and material of the pipe tested, except that testing of a heavier wall
pipe may be used to qualify pipe of the same material but with a lesser
wall thickness.
(c) A copy of each written procedure being used for joining plastic
pipe must be available to the persons making and inspecting joints.
(d) Pipe or fittings manufactured before July 1, 1980, may be used
in accordance with procedures that the
[[Page 55]]
manufacturer certifies will produce a joint as strong as the pipe.
[Amdt. 192-34A, 45 FR 9935, Feb. 14, 1980, as amended by Amdt. 192-34B,
46 FR 39, Jan. 2, 1981; 47 FR 32720, July 29, 1982; 47 FR 49973, Nov. 4,
1982; 58 FR 14521, Mar. 18, 1993; Amdt. 192-78, 61 FR 28784, June 6,
1996; Amdt. 192-85, 63 FR 37503, July 13, 1998]
Sec. 192.285 Plastic pipe: qualifying persons to make joints.
(a) No person may make a plastic pipe joint unless that person has
been qualified under the applicable joining procedure by:
(1) Appropriate training or experience in the use of the procedure;
and
(2) Making a specimen joint from pipe sections joined according to
the procedure that passes the inspection and test set forth in paragraph
(b) of this section.
(b) The specimen joint must be:
(1) Visually examined during and after assembly or joining and found
to have the same appearance as a joint or photographs of a joint that is
acceptable under the procedure; and
(2) In the case of a heat fusion, solvent cement, or adhesive joint:
(i) Tested under any one of the test methods listed under Sec.
192.283(a) applicable to the type of joint and material being tested;
(ii) Examined by ultrasonic inspection and found not to contain
flaws that would cause failure; or
(iii) Cut into at least 3 longitudinal straps, each of which is:
(A) Visually examined and found not to contain voids or
discontinuities on the cut surfaces of the joint area; and
(B) Deformed by bending, torque, or impact, and if failure occurs,
it must not initiate in the joint area.
(c) A person must be requalified under an applicable procedure, if
during any 12-month period that person:
(1) Does not make any joints under that procedure; or
(2) Has 3 joints or 3 percent of the joints made, whichever is
greater, under that procedure that are found unacceptable by testing
under Sec. 192.513.
(d) Each operator shall establish a method to determine that each
person making joints in plastic pipelines in his system is qualified in
accordance with this section.
[Amdt. 192-34A, 45 FR 9935, Feb. 14, 1980, as amended by Amdt. 192-34B,
46 FR 39, Jan. 2, 1981]
Effective Date Note: By Amdt. 192-93, 68 FR 53900, Sept. 15, 2003,
in Sec. 192.285, paragraph(d) is amended by removing the term ``his''
and add the term ``the operator's'' in its place, effective October 15,
2003.
Sec. 192.287 Plastic pipe: inspection of joints.
No person may carry out the inspection of joints in plastic pipes
required by Sec.Sec. 192.273(c) and 192.285(b) unless that person has
been qualified by appropriate training or experience in evaluating the
acceptability of plastic pipe joints made under the applicable joining
procedure.
[Amdt. 192-34, 44 FR 42974, July 23, 1979]
Subpart G--General Construction Requirements for Transmission Lines and
Mains
Sec. 192.301 Scope.
This subpart prescribes minimum requirements for constructing
transmission lines and mains.
Sec. 192.303 Compliance with specifications or standards.
Each transmission line or main must be constructed in accordance
with comprehensive written specifications or standards that are
consistent with this part.
Sec. 192.305 Inspection: General.
Each transmission line or main must be inspected to ensure that it
is constructed in accordance with this part.
Sec. 192.307 Inspection of materials.
Each length of pipe and each other component must be visually
inspected at the site of installation to ensure that it has not
sustained any visually determinable damage that could impair its
serviceability.
Sec. 192.309 Repair of steel pipe.
(a) Each imperfection or damage that impairs the serviceability of a
length of steel pipe must be repaired or removed. If a repair is made by
grinding,
[[Page 56]]
the remaining wall thickness must at least be equal to either:
(1) The minimum thickness required by the tolerances in the
specification to which the pipe was manufactured; or
(2) The nominal wall thickness required for the design pressure of
the pipeline.
(b) Each of the following dents must be removed from steel pipe to
be operated at a pressure that produces a hoop stress of 20 percent, or
more, of SMYS, unless the dent is repaired by a method that reliable
engineering tests and analyses show can permanently restore the
serviceability of the pipe:
(1) A dent that contains a stress concentrator such as a scratch,
gouge, groove, or arc burn.
(2) A dent that affects the longitudinal weld or a circumferential
weld.
(3) In pipe to be operated at a pressure that produces a hoop stress
of 40 percent or more of SMYS, a dent that has a depth of:
(i) More than \1/4\ inch (6.4 millimeters) in pipe 12\3/4\ inches
(324 millimeters) or less in outer diameter; or
(ii) More than 2 percent of the nominal pipe diameter in pipe over
12\3/4\ inches (324 millimeters) in outer diameter.
For the purpose of this section a ``dent'' is a depression that produces
a gross disturbance in the curvature of the pipe wall without reducing
the pipe-wall thickness. The depth of a dent is measured as the gap
between the lowest point of the dent and a prolongation of the original
contour of the pipe.
(c) Each arc burn on steel pipe to be operated at a pressure that
produces a hoop stress of 40 percent, or more, of SMYS must be repaired
or removed. If a repair is made by grinding, the arc burn must be
completely removed and the remaining wall thickness must be at least
equal to either:
(1) The minimum wall thickness required by the tolerances in the
specification to which the pipe was manufactured; or
(2) The nominal wall thickness required for the design pressure of
the pipeline.
(d) A gouge, groove, arc burn, or dent may not be repaired by insert
patching or by pounding out.
(e) Each gouge, groove, arc burn, or dent that is removed from a
length of pipe must be removed by cutting out the damaged portion as a
cylinder.
[35 FR 13257, Aug. 19, 1970, as amended by Amdt. 192-1, 35 FR 17660,
Nov. 17, 1970; Amdt. 192-85, 63 FR 37503, July 13, 1998; Amdt. 192-88,
64 FR 69664, Dec. 14, 1999]
Sec. 192.311 Repair of plastic pipe.
Each imperfection or damage that would impair the serviceability of
plastic pipe must be repaired by a patching saddle or removed.
Effective Date Note: By Amdt. 192-93, 68 FR 53900, Sept. 15, 2003,
Sec. 192.311 was revised, effective October 15, 2003. For the
convenience of the user, the revised text is set forth as follows:
Sec. 192.311 Repair of plastic pipe.
Each imperfection or damage that would impair the serviceability of
plastic pipe must be repaired or removed.
Sec. 192.313 Bends and elbows.
(a) Each field bend in steel pipe, other than a wrinkle bend made in
accordance with Sec. 192.315, must comply with the following:
(1) A bend must not impair the serviceability of the pipe.
(2) Each bend must have a smooth contour and be free from buckling,
cracks, or any other mechanical damage.
(3) On pipe containing a longitudinal weld, the longitudinal weld
must be as near as practicable to the neutral axis of the bend unless:
(i) The bend is made with an internal bending mandrel; or
(ii) The pipe is 12 inches (305 millimeters) or less in outside
diameter or has a diameter to wall thickness ratio less than 70.
(b) Each circumferential weld of steel pipe which is located where
the stress during bending causes a permanent deformation in the pipe
must be nondestructively tested either before or after the bending
process.
(c) Wrought-steel welding elbows and transverse segments of these
elbows may not be used for changes in direction on steel pipe that is 2
inches (51 millimeters) or more in diameter unless the arc length, as
measured along
[[Page 57]]
the crotch, is at least 1 inch (25 millimeters).
[Amdt. No. 192-26, 41 FR 26018, June 24, 1976, as amended by Amdt. 192-
29, 42 FR 42866, Aug. 25, 1977; Amdt. 192-29, 42 FR 60148, Nov. 25,
1977; Amdt. 192-49, 50 FR 13225, Apr. 3, 1985; Amdt. 192-85, 63 FR
37503, July 13, 1998]
Sec. 192.315 Wrinkle bends in steel pipe.
(a) A wrinkle bend may not be made on steel pipe to be operated at a
pressure that produces a hoop stress of 30 percent, or more, of SMYS.
(b) Each wrinkle bend on steel pipe must comply with the following:
(1) The bend must not have any sharp kinks.
(2) When measured along the crotch of the bend, the wrinkles must be
a distance of at least one pipe diameter.
(3) On pipe 16 inches (406 millimeters) or larger in diameter, the
bend may not have a deflection of more than 1\1/2\ for
each wrinkle.
(4) On pipe containing a longitudinal weld the longitudinal seam
must be as near as practicable to the neutral axis of the bend.
[35 FR 13257, Aug. 19, 1970, as amended by Amdt. 192-85, 63 FR 37503,
July 13, 1998]
Sec. 192.317 Protection from hazards.
(a) The operator must take all practicable steps to protect each
transmission line or main from washouts, floods, unstable soil,
landslides, or other hazards that may cause the pipeline to move or to
sustain abnormal loads. In addition, the operator must take all
practicable steps to protect offshore pipelines from damage by mud
slides, water currents, hurricanes, ship anchors, and fishing
operations.
(b) Each aboveground transmission line or main, not located offshore
or in inland navigable water areas, must be protected from accidental
damage by vehicular traffic or other similar causes, either by being
placed at a safe distance from the traffic or by installing barricades.
(c) Pipelines, including pipe risers, on each platform located
offshore or in inland navigable waters must be protected from accidental
damage by vessels.
[Amdt. 192-27, 41 FR 34606, Aug. 16, 1976, as amended by Amdt. 192-78,
61 FR 28784, June 6, 1996]
Sec. 192.319 Installation of pipe in a ditch.
(a) When installed in a ditch, each transmission line that is to be
operated at a pressure producing a hoop stress of 20 percent or more of
SMYS must be installed so that the pipe fits the ditch so as to minimize
stresses and protect the pipe coating from damage.
(b) When a ditch for a transmission line or main is backfilled, it
must be backfilled in a manner that:
(1) Provides firm support under the pipe; and
(2) Prevents damage to the pipe and pipe coating from equipment or
from the backfill material.
(c) All offshore pipe in water at least 12 feet (3.7 meters) deep
but not more than 200 feet (61 meters) deep, as measured from the mean
low tide, except pipe in the Gulf of Mexico and its inlets under 15 feet
(4.6 meters) of water, must be installed so that the top of the pipe is
below the natural bottom unless the pipe is supported by stanchions,
held in place by anchors or heavy concrete coating, or protected by an
equivalent means. Pipe in the Gulf of Mexico and its inlets under 15
feet (4.6 meters) of water must be installed so that the top of the pipe
is 36 inches (914 millimeters) below the seabed for normal excavation or
18 inches (457 millimeters) for rock excavation.
[35 FR 13257, Aug. 19, 1970, as amended by Amdt. 192-27, 41 FR 34606,
Aug. 16, 1976; Amdt. 192-78, 61 FR 28784, June 6, 1996; Amdt. 192-85, 63
FR 37503, July 13, 1998]
Sec. 192.321 Installation of plastic pipe.
(a) Plastic pipe must be installed below ground level unless
otherwise permitted by paragraph (g) of this section.
(b) Plastic pipe that is installed in a vault or any other below
grade enclosure must be completely encased in gas-tight metal pipe and
fittings that are adequately protected from corrosion.
(c) Plastic pipe must be installed so as to minimize shear or
tensile stresses.
(d) Thermoplastic pipe that is not encased must have a minimum wall
thickness of 0.090 inch (2.29 millimeters), except that pipe with an
outside diameter of 0.875 inch (22.3 millimeters)
[[Page 58]]
or less may have a minimum wall thickness of 0.062 inch (1.58
millimeters).
(e) Plastic pipe that is not encased must have an electrically
conductive wire or other means of locating the pipe while it is
underground.
(f) Plastic pipe that is being encased must be inserted into the
casing pipe in a manner that will protect the plastic. The leading end
of the plastic must be closed before insertion.
(g) Uncased plastic pipe may be temporarily installed above ground
level under the following conditions:
(1) The operator must be able to demonstrate that the cumulative
aboveground exposure of the pipe does not exceed the manufacturer's
recommended maximum period of exposure or 2 years, whichever is less.
(2) The pipe either is located where damage by external forces is
unlikely or is otherwise protected against such damage.
(3) The pipe adequately resists exposure to ultraviolet light and
high and low temperatures.
[35 FR 13257, Aug. 19, 1970, as amended by Amdt. 192-78, 61 FR 28784,
June 6, 1996; Amdt. 192-85, 63 FR 37503, July 13, 1998]
Effective Date Note: By Amdt. 192-93, 68 FR 53900, Sept. 15, 2003,
Sec. 192.192.321 was amended by revising paragraph (e), effective
October 15, 2003. For the convenience of the user, the revised text is
set forth as follows:
Sec. 192.321 Installation of plastic pipe.
* * * * *
(e) Plastic pipe that is not encased must have an electrically
conducting wire or other means of locating the pipe while it is
underground. Tracer wire may not be wrapped around the pipe and contact
with the pipe must be minimized but is not prohibited. Tracer wire or
other metallic elements installed for pipe locating purposes must be
resistant to corrosion damage, either by use of coated copper wire or by
other means.
* * * * *
Sec. 192.323 Casing.
Each casing used on a transmission line or main under a railroad or
highway must comply with the following:
(a) The casing must be designed to withstand the superimposed loads.
(b) If there is a possibility of water entering the casing, the ends
must be sealed.
(c) If the ends of an unvented casing are sealed and the sealing is
strong enough to retain the maximum allowable operating pressure of the
pipe, the casing must be designed to hold this pressure at a stress
level of not more than 72 percent of SMYS.
(d) If vents are installed on a casing, the vents must be protected
from the weather to prevent water from entering the casing.
Sec. 192.325 Underground clearance.
(a) Each transmission line must be installed with at least 12 inches
(305 millimeters) of clearance from any other underground structure not
associated with the transmission line. If this clearance cannot be
attained, the transmission line must be protected from damage that might
result from the proximity of the other structure.
(b) Each main must be installed with enough clearance from any other
underground structure to allow proper maintenance and to protect against
damage that might result from proximity to other structures.
(c) In addition to meeting the requirements of paragraph (a) or (b)
of this section, each plastic transmission line or main must be
installed with sufficient clearance, or must be insulated, from any
source of heat so as to prevent the heat from impairing the
serviceability of the pipe.
(d) Each pipe-type or bottle-type holder must be installed with a
minimum clearance from any other holder as prescribed in Sec.
192.175(b).
[35 FR 13257, Aug. 19, 1970, as amended by Amdt. 192-85, 63 FR 37503,
July 13, 1998]
Sec. 192.327 Cover.
(a) Except as provided in paragraphs (c), (e), (f), and (g) of this
section, each buried transmission line must be installed with a minimum
cover as follows:
------------------------------------------------------------------------
Normal Consolidated
Location soil rock
------------------------------------------------------------------------
Inches (Millimeters)..........................
Class 1 locations............................. 30 (762) 18 (457)
Class 2, 3, and 4 locations................... 36 (914) 24 (610)
[[Page 59]]
Drainage ditches of public roads and railroad 36 (914) 24 (610)
crossings....................................
------------------------------------------------------------------------
(b) Except as provided in paragraphs (c) and (d) of this section,
each buried main must be installed with at least 24 inches (610
millimeters) of cover.
(c) Where an underground structure prevents the installation of a
transmission line or main with the minimum cover, the transmission line
or main may be installed with less cover if it is provided with
additional protection to withstand anticipated external loads.
(d) A main may be installed with less than 24 inches (610
millimeters) of cover if the law of the State or municipality:
(1) Establishes a minimum cover of less than 24 inches (610
millimeters);
(2) Requires that mains be installed in a common trench with other
utility lines; and
(3) Provides adequately for prevention of damage to the pipe by
external forces.
(e) Except as provided in paragraph (c) of this section, all pipe
installed in a navigable river, stream, or harbor must be installed with
a minimum cover of 48 inches (1219 millimeters) in soil or 24 inches
(610 millimeters) in consolidated rock between the top of the pipe and
the natural bottom.
(f) All pipe installed offshore, except in the Gulf of Mexico and
its inlets, under water not more than 200 feet (60 meters) deep, as
measured from the mean low tide, must be installed as follows:
(1) Except as provided in paragraph (c) of this section, pipe under
water less than 12 feet (3.66 meters) deep, must be installed with a
minimum cover of 36 inches (914 millimeters) in soil or 18 inches (457
millimeters) in consolidated rock between the top of the pipe and the
natural bottom.
(2) Pipe under water at least 12 feet (3.66 meters) deep must be
installed so that the top of the pipe is below the natural bottom,
unless the pipe is supported by stanchions, held in place by anchors or
heavy concrete coating, or protected by an equivalent means.
(g) All pipelines installed under water in the Gulf of Mexico and
its inlets, as defined in Sec. 192.3, must be installed in accordance
with Sec. 192.612(b)(3).
[35 FR 13257, Aug. 19, 1970, as amended by Amdt. 192-27, 41 FR 34606,
Aug. 16, 1976; Amdt. 192-78, 61 FR 28785, June 6, 1996; Amdt. 192-85, 63
FR 37503, July 13, 1998]
Subpart H--Customer Meters, Service Regulators, and Service Lines
Sec. 192.351 Scope.
This subpart prescribes minimum requirements for installing customer
meters, service regulators, service lines, service line valves, and
service line connections to mains.
Sec. 192.353 Customer meters and regulators: Location.
(a) Each meter and service regulator, whether inside or outside of a
building, must be installed in a readily accessible location and be
protected from corrosion and other damage. However, the upstream
regulator in a series may be buried.
(b) Each service regulator installed within a building must be
located as near as practical to the point of service line entrance.
(c) Each meter installed within a building must be located in a
ventilated place and not less than 3 feet (914 millimeters) from any
source of ignition or any source of heat which might damage the meter.
(d) Where feasible, the upstream regulator in a series must be
located outside the building, unless it is located in a separate
metering or regulating building.
[35 FR 13257, Aug. 19, 1970, as amended by Amdt 192-85, 63 FR 37503,
July 13, 1998]
Effective Date Note: By Amdt. 192-93, 68 FR 53900, Sept. 15, 2003,
Sec. 192.353 was amended by revising the first sentence of paragraph
(a), effective October 15, 2003. For the convenience of the user the
revised text is set forth as follows:
Sec. 192.353 Customer meters and regulators: Location.
(a) Each meter and service regulator, whether inside or outside a
building, must be installed in a readily accessible location and
[[Page 60]]
be protected from corrosion and other damage, including, if installed
outside a building, vehicular damage that may be anticipated. * * *
* * * * *
Sec. 192.355 Customer meters and regulators: Protection from damage.
(a) Protection from vacuum or back pressure. If the customer's
equipment might create either a vacuum or a back pressure, a device must
be installed to protect the system.
(b) Service regulator vents and relief vents. Service regulator
vents and relief vents must terminate outdoors, and the outdoor terminal
must--
(1) Be rain and insect resistant;
(2) Be located at a place where gas from the vent can escape freely
into the atmosphere and away from any opening into the building; and
(3) Be protected from damage caused by submergence in areas where
flooding may occur.
(c) Pits and vaults. Each pit or vault that houses a customer meter
or regulator at a place where vehicular traffic is anticipated, must be
able to support that traffic.
[35 FR 13257, Aug. 19, 1970, as amended by Amdt. 192-58, 53 FR 1635,
Jan. 21, 1988]
Sec. 192.357 Customer meters and regulators: Installation.
(a) Each meter and each regulator must be installed so as to
minimize anticipated stresses upon the connecting piping and the meter.
(b) When close all-thread nipples are used, the wall thickness
remaining after the threads are cut must meet the minimum wall thickness
requirements of this part.
(c) Connections made of lead or other easily damaged material may
not be used in the installation of meters or regulators.
(d) Each regulator that might release gas in its operation must be
vented to the outside atmosphere.
Sec. 192.359 Customer meter installations: Operating pressure.
(a) A meter may not be used at a pressure that is more than 67
percent of the manufacturer's shell test pressure.
(b) Each newly installed meter manufactured after November 12, 1970,
must have been tested to a minimum of 10 p.s.i. (69 kPa) gage.
(c) A rebuilt or repaired tinned steel case meter may not be used at
a pressure that is more than 50 percent of the pressure used to test the
meter after rebuilding or repairing.
[35 FR 13257, Aug. 19, 1970, as amended by Amdt. 192-1, 35 FR 17660,
Nov. 17, 1970; Amdt. 192-85, 63 FR 37503, July 13, 1998]
Sec. 192.361 Service lines: Installation.
(a) Depth. Each buried service line must be installed with at least
12 inches (305 millimeters) of cover in private property and at least 18
inches (457 millimeters) of cover in streets and roads. However, where
an underground structure prevents installation at those depths, the
service line must be able to withstand any anticipated external load.
(b) Support and backfill. Each service line must be properly
supported on undisturbed or well-compacted soil, and material used for
backfill must be free of materials that could damage the pipe or its
coating.
(c) Grading for drainage. Where condensate in the gas might cause
interruption in the gas supply to the customer, the service line must be
graded so as to drain into the main or into drips at the low points in
the service line.
(d) Protection against piping strain and external loading. Each
service line must be installed so as to minimize anticipated piping
strain and external loading.
(e) Installation of service lines into buildings. Each underground
service line installed below grade through the outer foundation wall of
a building must:
(1) In the case of a metal service line, be protected against
corrosion;
(2) In the case of a plastic service line, be protected from
shearing action and backfill settlement; and
(3) Be sealed at the foundation wall to prevent leakage into the
building.
(f) Installation of service lines under buildings. Where an
underground service line is installed under a building:
(1) It must be encased in a gas tight conduit;
[[Page 61]]
(2) The conduit and the service line must, if the service line
supplies the building it underlies, extend into a normally usable and
accessible part of the building; and
(3) The space between the conduit and the service line must be
sealed to prevent gas leakage into the building and, if the conduit is
sealed at both ends, a vent line from the annular space must extend to a
point where gas would not be a hazard, and extend above grade,
terminating in a rain and insect resistant fitting.
[35 FR 13257, Aug. 19, 1970, as amended by Amdt. 192-75, 61 FR 18517,
Apr. 26, 1996; Amdt. 192-85, 63 FR 37503, July 13, 1998]
Effective Date Note: By Amdt. 192-93, 68 FR 53900, Sept. 15, 2003,
Sec. 192.361 was amended by adding paragraph (g), effective October 15,
2003. For the convenience of the user, the added text is set forth as
follows;
Sec. 192.361 Service lines: Installation.
* * * * *
(g) Locating underground service lines. Each underground nonmetallic
service line that is not encased must have a means of locating the pipe
that complies with Sec. 192.321(e).
Sec. 192.363 Service lines: Valve requirements.
(a) Each service line must have a service-line valve that meets the
applicable requirements of subparts B and D of this part. A valve
incorporated in a meter bar, that allows the meter to be bypassed, may
not be used as a service-line valve.
(b) A soft seat service line valve may not be used if its ability to
control the flow of gas could be adversely affected by exposure to
anticipated heat.
(c) Each service-line valve on a high-pressure service line,
installed above ground or in an area where the blowing of gas would be
hazardous, must be designed and constructed to minimize the possibility
of the removal of the core of the valve with other than specialized
tools.
Sec. 192.365 Service lines: Location of valves.
(a) Relation to regulator or meter. Each service-line valve must be
installed upstream of the regulator or, if there is no regulator,
upstream of the meter.
(b) Outside valves. Each service line must have a shut-off valve in
a readily accessible location that, if feasible, is outside of the
building.
(c) Underground valves. Each underground service-line valve must be
located in a covered durable curb box or standpipe that allows ready
operation of the valve and is supported independently of the service
lines.
Sec. 192.367 Service lines: General requirements for connections to main piping.
(a) Location. Each service line connection to a main must be located
at the top of the main or, if that is not practical, at the side of the
main, unless a suitable protective device is installed to minimize the
possibility of dust and moisture being carried from the main into the
service line.
(b) Compression-type connection to main. Each compression-type
service line to main connection must:
(1) Be designed and installed to effectively sustain the
longitudinal pull-out or thrust forces caused by contraction or
expansion of the piping, or by anticipated external or internal loading;
and
(2) If gaskets are used in connecting the service line to the main
connection fitting, have gaskets that are compatible with the kind of
gas in the system.
[35 FR 13257, Aug. 19, 1970, as amended by Amdt. 192-75, 61 FR 18517,
Apr. 26, 1996]
Sec. 192.369 Service lines: Connections to cast iron or ductile iron mains.
(a) Each service line connected to a cast iron or ductile iron main
must be connected by a mechanical clamp, by drilling and tapping the
main, or by another method meeting the requirements of Sec. 192.273.
(b) If a threaded tap is being inserted, the requirements of Sec.
192.151 (b) and (c) must also be met.
Sec. 192.371 Service lines: Steel.
Each steel service line to be operated at less than 100 p.s.i. (689
kPa) gage must be constructed of pipe designed for a minimum of 100
p.s.i. (689 kPa) gage.
[Amdt. 192-1, 35 FR 17660, Nov. 17, 1970, as amended by Amdt. 192-85, 63
FR 37503, July 13, 1998]
[[Page 62]]
Sec. 192.373 Service lines: Cast iron and ductile iron.
(a) Cast or ductile iron pipe less than 6 inches (152 millimeters)
in diameter may not be installed for service lines.
(b) If cast iron pipe or ductile iron pipe is installed for use as a
service line, the part of the service line which extends through the
building wall must be of steel pipe.
(c) A cast iron or ductile iron service line may not be installed in
unstable soil or under a building.
[35 FR 13257, Aug. 19, 1970, as amended by Amdt. 192-85, 63 FR 37503,
July 13, 1998]
Sec. 192.375 Service lines: Plastic.
(a) Each plastic service line outside a building must be installed
below ground level, except that--
(1) It may be installed in accordance with Sec. 192.321(g); and
(2) It may terminate above ground level and outside the building,
if--
(i) The above ground level part of the plastic service line is
protected against deterioration and external damage; and
(ii) The plastic service line is not used to support external loads.
(b) Each plastic service line inside a building must be protected
against external damage.
[35 FR 13257, Aug. 19, 1970, as amended by Amdt. 192-78, 61 FR 28785,
June 6, 1996]
Sec. 192.377 Service lines: Copper.
Each copper service line installed within a building must be
protected against external damage.
Sec. 192.379 New service lines not in use.
Each service line that is not placed in service upon completion of
installation must comply with one of the following until the customer is
supplied with gas:
(a) The valve that is closed to prevent the flow of gas to the
customer must be provided with a locking device or other means designed
to prevent the opening of the valve by persons other than those
authorized by the operator.
(b) A mechanical device or fitting that will prevent the flow of gas
must be installed in the service line or in the meter assembly.
(c) The customer's piping must be physically disconnected from the
gas supply and the open pipe ends sealed.
[Amdt. 192-8, 37 FR 20694, Oct. 3, 1972]
Sec. 192.381 Service lines: Excess flow valve performance standards.
(a) Excess flow valves to be used on single residence service lines
that operate continuously throughout the year at a pressure not less
than 10 p.s.i. (69 kPa) gage must be manufactured and tested by the
manufacturer according to an industry specification, or the
manufacturer's written specification, to ensure that each valve will:
(1) Function properly up to the maximum operating pressure at which
the valve is rated;
(2) Function properly at all temperatures reasonably expected in the
operating environment of the service line;
(3) At 10 p.s.i. (69 kPa) gage:
(i) Close at, or not more than 50 percent above, the rated closure
flow rate specified by the manufacturer; and
(ii) Upon closure, reduce gas flow--
(A) For an excess flow valve designed to allow pressure to equalize
across the valve, to no more than 5 percent of the manufacturer's
specified closure flow rate, up to a maximum of 20 cubic feet per hour
(0.57 cubic meters per hour); or
(B) For an excess flow valve designed to prevent equalization of
pressure across the valve, to no more than 0.4 cubic feet per hour (.01
cubic meters per hour); and
(4) Not close when the pressure is less than the manufacturer's
minimum specified operating pressure and the flow rate is below the
manufacturer's minimum specified closure flow rate.
(b) An excess flow valve must meet the applicable requirements of
Subparts B and D of this part.
(c) An operator must mark or otherwise identify the presence of an
excess flow valve in the service line.
(d) An operator shall locate an excess flow valve as near as
practical to the fitting connecting the service line to its source of
gas supply.
(e) An operator should not install an excess flow valve on a service
line where the operator has prior experience with contaminants in the
gas stream, where these contaminants
[[Page 63]]
could be expected to cause the excess flow valve to malfunction or where
the excess flow valve would interfere with necessary operation and
maintenance activities on the service, such as blowing liquids from the
line.
[Amdt. 192-79, 61 FR 31459, June 20, 1996, as amended by Amdt. 192-80,
62 FR 2619, Jan. 17, 1997; Amdt. 192-85, 63 FR 37504, July 13, 1998]
Sec. 192.383 Excess flow valve customer notification.
(a) Definitions. As used in this section:
Costs associated with installation means the costs directly
connected with installing an excess flow valve, for example, costs of
parts, labor, inventory and procurement. It does not include maintenance
and replacement costs until such costs are incurred.
Replaced service line means a natural gas service line where the
fitting that connects the service line to the main is replaced or the
piping connected to this fitting is replaced.
Service line customer means the person who pays the gas bill, or
where service has not yet been established, the person requesting
service.
(b) Which customers must receive notification. Notification is
required on each newly installed service line or replaced service line
that operates continuously throughout the year at a pressure not less
than 68.9 kPa (10 psig) and that serves a single residence. On these
lines an operator of a natural gas distribution system must notify the
service line customer once in writing.
(c) What to put in the written notice. (1) An explanation for the
customer that an excess flow valve meeting the performance standards
prescribed under Sec. 192.381 is available for the operator to install
if the customer bears the costs associated with installation;
(2) An explanation for the customer of the potential safety benefits
that may be derived from installing an excess flow valve. The
explanation must include that an excess flow valve is designed to shut
off flow of natural gas automatically if the service line breaks;
(3) A description of installation, maintenance, and replacement
costs. The notice must explain that if the customer requests the
operator to install an EFV, the customer bears all costs associated with
installation, and what those costs are. The notice must alert the
customer that the costs for maintaining and replacing an EFV may later
be incurred, and what those costs will be, to the extent known.
(d) When notification and installation must be made. (1) After
February 3, 1999 an operator must notify each service line customer set
forth in paragraph (b) of this section:
(i) On new service lines when the customer applies for service.
(ii) On replaced service lines when the operator determines the
service line will be replaced.
(2) If a service line customer requests installation an operator
must install the EFV at a mutually agreeable date.
(e) What records are required. (1) An operator must make the
following records available for inspection by the Administrator or a
State agency participating under 49 U.S.C. 60105 or 60106:
(i) A copy of the notice currently in use; and
(ii) Evidence that notice has been sent to the service line
customers set forth in paragraph (b) of this section, within the
previous three years.
(2) [Reserved]
(f) When notification is not required. The notification requirements
do not apply if the operator can demonstrate--
(1) That the operator will voluntarily install an excess flow valve
or that the state or local jurisdiction requires installation;
(2) That excess flow valves meeting the performance standards in
Sec. 192.381 are not available to the operator;
(3) That the operator has prior experience with contaminants in the
gas stream that could interfere with the operation of an excess flow
valve, cause loss of service to a residence, or interfere with necessary
operation or maintenance activities, such as blowing liquids from the
line.
(4) That an emergency or short time notice replacement situation
made it impractical for the operator to notify a service line customer
before replacing a service line. Examples of these situations would be
where an operator has to replace a service line quickly because of--
[[Page 64]]
(i) Third party excavation damage;
(ii) Grade 1 leaks as defined in the Appendix G-192-11 of the Gas
Piping Technology Committee guide for gas transmission and distribution
systems;
(iii) A short notice service line relocation request.
[Amdt.192-82, 63 FR 5471, Feb. 3, 1998; Amdt. 192-83, 63 FR 20135, Apr.
23, 1998]
Subpart I--Requirements for Corrosion Control
Source: Amdt. 192-4, 36 FR 12302, June 30, 1971, unless otherwise
noted.
Sec. 192.451 Scope.
(a) This subpart prescribes minimum requirements for the protection
of metallic pipelines from external, internal, and atmospheric
corrosion.
(b) [Reserved]
[Amdt. 192-4, 36 FR 12302, June 30, 1971, as amended by Amdt. 192-27, 41
FR 34606, Aug. 16, 1976; Amdt. 192-33, 43 FR 39389, Sept. 5, 1978]