hazardous liquids by pipeline - gpo

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Research and Special Programs Administration, DOT Pt. 195

APPENDIX B TO PART 194—HIGH VOLUMEAREAS

As of January 5, 1993 the following areasare high volume areas:

Major rivers Nearest town and state

Arkansas River ...................... N. Little Rock, AR.Arkansas River ...................... Jenks, OK.Arkansas River ...................... Little Rock, AR.Black Warrior River ............... Moundville, AL.Black Warrior River ............... Akron, AL.Brazos River .......................... Glen Rose, TX.Brazos River .......................... Sealy, TX.Catawba River ....................... Mount Holly, NC.Chattahoochee River ............. Sandy Springs, GA.Colorado River ....................... Yuma, AZ.Colorado River ....................... LaPaz, AZ.Connecticut River .................. Lancaster, NH.Coosa River ........................... Vincent, AL.Cumberland River .................. Clarksville, TN.Delaware River ...................... Frenchtown, NJ.Delaware River ...................... Lower Chichester, NJ.Gila River ............................... Gila Bend, AZ.Grand River ........................... Bosworth, MO.Illinois River ........................... Chillicothe, IL.Illinois River ........................... Havanna, IL.James River ........................... Arvonia, VA.Kankakee River ..................... Kankakee, IL.Kankakee River ..................... South Bend, IN.Kankakee River ..................... Wilmington, IL.Kentucky River ...................... Salvisa, KY.Kentucky River ...................... Worthville, KY.Maumee River ....................... Defiance, OH.Maumee River ....................... Toledo, OH.Mississippi River .................... Myrtle Grove, LA.Mississippi River .................... Woodriver, IL.Mississippi River .................... Chester, IL.Mississippi River .................... Cape Girardeau, MO.Mississippi River .................... Woodriver, IL.Mississippi River .................... St. James, LA.Mississippi River .................... New Roads, LA.Mississippi River .................... Ball Club, MN.Mississippi River .................... Mayersville, MS.Mississippi River .................... New Roads, LA.Mississippi River .................... Quincy, IL.Mississippi River .................... Ft. Madison, IA.Missouri River ........................ Waverly, MO.Missouri River ........................ St. Joseph, MO.Missouri River ........................ Weldon Springs, MO.Missouri River ........................ New Frankfort, MO.Naches River ......................... Beaumont, TX.Ohio River .............................. Joppa, IL.Ohio River .............................. Cincinnati, OH.Ohio River .............................. Owensboro, KY.Pascagoula River .................. Lucedale, MS.Pascagoula River .................. Wiggins, MS.Pearl River ............................. Columbia, MS.Pearl River ............................. Oria, TX.Platte River ............................ Ogaliala, NE.Potomac River ....................... Reston, VA.Rappahannock River ............. Midland, VA.Raritan River .......................... South Bound Brook, NJ.Raritan River .......................... Highland Park, NJ.Red River (of the South) ....... Hanna, LA.Red River (of the South) ....... Bonham, TX.Red River (of the South) ....... Dekalb, TX.Red River (of the South) ....... Sentell Plantation, LA.Red River (of the North) ........ Wahpeton, ND.Rio Grande ............................ Anthony, NM.Sabine River .......................... Edgewood, TX.Sabine River .......................... Leesville, LA.Sabine River .......................... Orange, TX.Sabine River .......................... Echo, TX.Savannah River ..................... Hartwell, GA.

Major rivers Nearest town and state

Smokey Hill River .................. Abilene, KS.Susquehanna River ............... Darlington, MD.Tenessee River ..................... New Johnsonville, TN.Wabash River ........................ Harmony, IN.Wabash River ........................ Terre Haute, IN.Wabash River ........................ Mt. Carmel, IL.White River ............................ Batesville, AR.White River ............................ Grand Glaise, AR.Wisconsin River ..................... Wisconsin Rapids, WI.Yukon River ........................... Fairbanks, AK.

Other Navigable Waters

Arthur Kill Channel, NYCook Inlet, AKFreeport, TXLos Angeles/Long Beach Harbor, CAPort Lavaca, TXSan Fransico/San Pablo Bay, CA

PART 195—TRANSPORTATION OFHAZARDOUS LIQUIDS BY PIPELINE

Subpart A—General

Sec.195.0 Scope.195.1 Applicability.195.2 Definitions.195.3 Matter incorporated by reference.195.4 Compatibility necessary for transpor-

tation of hazardous liquids or carbon di-oxide.

195.5 Conversion to service subject to thispart.

195.8 Transportation of hazardous liquid orcarbon dioxide in pipelines constructedwith other than steel pipe.

195.10 Responsibility of operator for compli-ance with this part.

Subpart B—Reporting Accidents andSafety–Related Conditions

195.50 Reporting accidents.195.52 Telephonic notice of certain acci-

dents.195.54 Accident reports.195.55 Reporting safety–related conditions.195.56 Filing safety–related condition re-

ports.195.57 Filing offshore pipeline condition re-

ports.195.58 Address for written reports.195.60 Operator assistance in investigation.195.62 Supplies of accident report DOT

Form 7000–1.195.63 OMB control number assigned to in-

formation collection.

Subpart C—Design Requirements

195.100 Scope.195.101 Qualifying metallic components

other than pipe.195.102 Design temperature.

VerDate 07-JAN-97 13:42 Jan 07, 1997 Jkt 167197 PO 00000 Frm 00137 Fmt 8010 Sfmt 8010 E:\CFR\167197.031 167197

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49 CFR Ch. I (10-1-96 Edition)§ 195.0

195.104 Variations in pressure.195.106 Internal design pressure.195.108 External pressure.195.110 External loads.195.111 Fracture propagation.195.112 New pipe.195.114 Used pipe.195.116 Valves.195.118 Fittings.195.120 Passage of internal inspection de-

vices.195.122 Fabricated branch connections.195.124 Closures.195.126 Flange connection.195.128 Station piping.195.130 Fabricated assemblies.195.132 Above ground breakout tanks.

Subpart D—Construction

195.200 Scope.195.202 Compliance with specifications or

standards.195.204 Inspection—general.195.206 Material inspection.195.208 Welding of supports and braces.195.210 Pipeline location.195.212 Bending of pipe.195.214 Welding: General.195.216 Welding: Miter joints.195.222 Welders: Qualification of welders.195.224 Welding: Weather.195.226 Welding: Arc burns.195.228 Welds and welding inspection:

Standards of acceptability.195.230 Welds: Repair or removal of defects.195.234 Welds: Nondestructive testing.195.236 External corrosion protection.195.238 External coating.195.242 Cathodic protection system.195.244 Test leads.195.246 Installation of pipe in a ditch.195.248 Cover over buried pipeline.195.250 Clearance between pipe and under-

ground structures.195.252 Backfilling.195.254 Above ground components.195.256 Crossing of railroads and highways.195.258 Valves: General.195.260 Valves: Location.195.262 Pumping equipment.195.264 Above ground breakout tanks.195.266 Construction records.

Subpart E—Pressure Testing

195.300 Scope.195.302 General requirements.195.303 Test pressure.195.304 Testing of components.195.306 Test medium.195.308 Testing of tie-ins.195.310 Records.

Subpart F—Operation and Maintenance

195.400 Scope.195.401 General requirements.

195.402 Procedural manual for operations,maintenance, and emergencies.

195.403 Training.195.404 Maps and records.195.406 Maximum operating pressure.195.408 Communications.195.410 Line markers.195.412 Inspection of rights-of-way and

crossings under navigable waters.195.413 Underwater inspection and reburial

of pipelines in the Gulf of Mexico and itsinlets.

195.414 Cathodic protection.195.416 External corrosion control.195.418 Internal corrosion control.195.420 Valve maintenance.195.422 Pipeline repairs.195.424 Pipe movement.195.426 Scraper and sphere facilities.195.428 Overpressure safety devices.195.430 Firefighting equipment.195.432 Breakout tanks.195.434 Signs.195.436 Security of facilities.195.438 Smoking or open flames.195.440 Public education.195.442 Damage prevention program.

APPENDIX A TO PART 195—DELINEATION BE-TWEEN FEDERAL AND STATE JURISDIC-TION—STATEMENT OF AGENCY POLICY ANDINTERPRETATION

AUTHORITY: 49 U.S.C. 5103, 60102, 60104,60108, 60109, 60118; and 49 CFR 1.53.

SOURCE: Amdt. 195–22, 46 FR 38360, July 27,1981, unless otherwise noted.

Subpart A—General

§ 195.0 Scope.This part prescribes safety standards

and reporting requirements for pipelinefacilities used in the transportation ofhazardous liquids or carbon dioxide.

[Amdt. 195–45, 56 FR 26925, June 12, 1991]

§ 195.1 Applicability.(a) Except as provided in paragraph

(b) of this section, this part applies topipeline facilities and the transpor-tation of hazardous liquids or carbondioxide associated with those facilitiesin or affecting interstate or foreigncommerce, including pipeline facilitieson the Outer Continental Shelf.

(b) This part does not apply to—(1) Transportation of a hazardous liq-

uid that is transported in a gaseousstate;

(2) Transportation of a hazardous liq-uid through a pipeline by gravity;


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Research and Special Programs Administration, DOT § 195.2

(3) Transportation of non-HVLthrough low-stress pipelines, except forany pipeline or pipeline segment thatis located—

(i) In an onshore area other than arural area;

(ii) Offshore; or(iii) In a waterway that is navigable

in fact and currently used for commer-cial navigation;

(4) Transportation of petroleum inonshore gathering lines in rural areasexcept gathering lines in the inlets ofthe Gulf of Mexico subject to § 195.413;

(5) Transportation of hazardous liq-uid or carbon dioxide in offshore pipe-lines which are located upstream fromthe outlet flange of each facility wherehydrocarbons or carbon dioxide areproduced or where produced hydro-carbons or carbon dioxide are first sep-arated, dehydrated, or otherwise proc-essed, whichever facility is fartherdownstream;

(6) Transportation of a hazardous liq-uid or carbon dioxide through onshoreproduction (including flow lines), refin-ing, or manufacturing facilities, orstorage or in-plant piping systems as-sociated with such facilities;

(7) Transportation of hazardous liq-uid or carbon dioxide—

(i) By vessel, aircraft, tank truck,tank car, or other non-pipeline mode oftransportation; or

(ii) Through facilities located on thegrounds of a materials transportationterminal that are used exclusively totransfer hazardous liquid or carbon di-oxide between non-pipeline modes oftransportation or between a non-pipe-line mode and a pipeline, not includingany device and associated piping thatare necessary to control pressure in thepipeline under § 195.406(b); and

(8) Transportation of carbon dioxidedownstream from the following point,as applicable:

(i) The inlet of a compressor used inthe injection of carbon dioxide for oilrecovery operations, or the point whererecycled carbon dioxide enters the in-jection system, whichever is fartherupstream; or

(ii) The connection of the firstbranch pipeline in the production fieldthat transports carbon dioxide to injec-tion wells or to headers or manifolds

from which pipelines branch to injec-tion wells.

(c) A low-stress pipeline to which thispart applies that exists on July 12, 1994need not comply with this part or part199 of this chapter until July 12, 1996,except as follows:

(1) Subpart B of this part applies be-ginning on October 10, 1994; and

(2) Any replacement, relocation, orother change made to existing pipe-lines after October 9, 1994 must complywith subparts A and C through E ofthis part.

[Amdt. 195–22, 46 FR 38360, July 27, 1981, asamended by Amdt. 195–33, 50 FR 15898, Apr.23, 1985; Amdt. 195–36, 51 FR 20976, June 10,1986; Amdt. 195–45, 56 FR 26925, June 12, 1991;Amdt. 195–45, 56 FR 50666, Oct. 8, 1991; Amdt.195–47, 56 FR 63771, Dec. 5, 1991; Amdt. 195–52,59 FR 33395, June 28, 1994; Amdt. 195–53, 59 FR35470, July 12, 1994]

§ 195.2 Definitions.As used in this part—Administrator means the Adminis-

trator of the Research and Special Pro-grams Administration or any person towhom authority in the matter con-cerned has been delegated by the Sec-retary of Transportation.

Barrel means a unit of measurementequal to 42 U.S. standard gallons.

Breakout tank means a tank used to(a) relieve surges in a hazardous liquidpipeline system or (b) receive and storehazardous liquid transported by a pipe-line for reinjection and continuedtransportation by pipeline.

Carbon dioxide means a fluid consist-ing of more than 90 percent carbon di-oxide molecules compressed to a super-critical state.

Component means any part of a pipe-line which may be subjected to pumppressure including, but not limited to,pipe, valves, elbows, tees, flanges, andclosures.

Corrosive product means ‘‘corrosivematerial’’ as defined by § 173.136 Class8–Definitions of this chapter.

Exposed pipeline means a pipelinewhere the top of the pipe is protrudingabove the seabed in water less than 15feet deep, as measured from the meanlow water.

Flammable product means ‘‘flammableliquid’’ as defined by § 173.120 Class 3–Definitions of this chapter.


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49 CFR Ch. I (10-1-96 Edition)§ 195.2

Gathering line means a pipeline 219.1mm (85⁄8 in) or less nominal outside di-ameter that transports petroleum froma production facility.

Gulf of Mexico and its inlets means thewaters from the mean high water markof the coast of the Gulf of Mexico andits inlets open to the sea (excludingrivers, tidal marshes, lakes, and ca-nals) seaward to include the territorialsea and Outer Continental Shelf to adepth of 15 feet, as measured from themean low water.

Hazard to navigation means, for thepurpose of this part, a pipeline wherethe top of the pipe is less than 12inches below the seabed in water lessthan 15 feet deep, as measured from themean low water.

Hazardous liquid means petroleum,petroleum products, or anhydrous am-monia.

Highly volatile liquid or HVL means ahazardous liquid which will form avapor cloud when released to the at-mosphere and which has a vapor pres-sure exceeding 276 kPa (40 psia) at 37.8°C (100° F).

In-plant piping system means pipingthat is located on the grounds of aplant and used to transfer hazardousliquid or carbon dioxide between plantfacilities or between plant facilitiesand a pipeline or other mode of trans-portation, not including any device andassociated piping that are necessary tocontrol pressure in the pipeline under§ 195.406(b).

Interstate pipeline means a pipeline orthat part of a pipeline that is used inthe transportation of hazardous liquidsor carbon dioxide in interstate or for-eign commerce.

Intrastate pipeline means a pipeline orthat part of a pipeline to which thispart applies that is not an interstatepipeline.

Line section means a continuous runof pipe between adjacent pressure pumpstations, between a pressure pump sta-tion and terminal or breakout tanks,between a pressure pump station and ablock valve, or between adjacent blockvalves.

Low-stress pipeline means a hazardousliquid pipeline that is operated in itsentirety at a stress level of 20 percentor less of the specified minimum yieldstrength of the line pipe.

Nominal wall thickness means the wallthickness listed in the pipe specifica-tions.

Offshore means beyond the line of or-dinary low water along that portion ofthe coast of the United States that isin direct contact with the open seasand beyond the line marking the sea-ward limit of inland waters.

Operator means a person who owns oroperates pipeline facilities.

Person means any individual, firm,joint venture, partnership, corporation,association, State, municipality, coop-erative association, or joint stock asso-ciation, and includes any trustee, re-ceiver, assignee, or personal represent-ative thereof.

Petroleum means crude oil, conden-sate, natural gasoline, natural gas liq-uids, and liquefied petroleum gas.

Petroleum product means flammable,toxic, or corrosive products obtainedfrom distilling and processing of crudeoil, unfinished oils, natural gas liquids,blend stocks and other miscellaneoushydrocarbon compounds.

Pipe or line pipe means a tube, usu-ally cylindrical, through which a haz-ardous liquid or carbon dioxide flowsfrom one point to another.

Pipeline or pipeline system means allparts of a pipeline facility throughwhich a hazardous liquid or carbon di-oxide moves in transportation, includ-ing, but not limited to, line pipe,valves, and other appurtenances con-nected to line pipe, pumping units, fab-ricated assemblies associated withpumping units, metering and deliverystations and fabricated assembliestherein, and breakout tanks.

Pipeline facility means new and exist-ing pipe, rights-of-way and any equip-ment, facility, or building used in thetransportation of hazardous liquids orcarbon dioxide.

Production facility means piping orequipment used in the production, ex-traction, recovery, lifting, stabiliza-tion, separation or treating of petro-leum or carbon dioxide, or associatedstorage or measurement. (To be a pro-duction facility under this definition,piping or equipment must be used inthe process of extracting petroleum orcarbon dioxide from the ground or fromfacilities where CO2 is produced, and


141


preparing it for transportation by pipe-line. This includes piping betweentreatment plants which extract carbondioxide, and facilities utilized for theinjection of carbon dioxide for recoveryoperations.)

Rural area means outside the limitsof any incorporated or unincorpatedcity, town, village, or any other des-ignated residential or commercial areasuch as a subdivision, a business orshopping center, or community devel-opment.

Specified minimum yield strengthmeans the minimum yield strength, ex-pressed in pounds per square inch, pre-scribed by the specification underwhich the material is purchased fromthe manufacturer.

Stress level means the level of tangen-tial or hoop stress, usually expressed asa percentage of specified minimumyield strength.

Surge pressure means pressure pro-duced by a change in velocity of themoving stream that results from shut-ting down a pump station or pumpingunit, closure of a valve, or any otherblockage of the moving stream.

Toxic product means ‘‘poisonous ma-terial’’ as defined by § 173.132 Class 6,Division 6.1–Definitions of this chapter.

[Amdt. 195–22, 46 FR 38360, July 27, 1981; 47FR 32721, July 29, 1982, as amended by Amdt.195–33, 50 FR 15898, Apr. 23, 1985; 50 FR 38660,Sept. 24, 1985; Amdt. 195–36, 51 FR 15007, Apr.22, 1986; Amdt. 195–45, 56 FR 26925, June 12,1991; Amdt. 195–47, 56 FR 63771, Dec. 5, 1991;Amdt. 195–50, 59 FR 17281, Apr. 12, 1994; Amdt.195–52, 59 FR 33395, 33396, June 28, 1994; Amdt.195–53, 59 FR 35471, July 12, 1994]

§ 195.3 Matter incorporated by ref-erence.

(a) Any document or portion thereofincorporated by reference in this partis included in this part as though itwere printed in full. When only a por-tion of a document is referenced, thenthis part incorporates only that ref-erenced portion of the document andthe remainder is not incorporated. Ap-plicable editions are listed in para-graph (c) of this section in parenthesesfollowing the title of the referencedmaterial. Earlier editions listed in pre-vious editions of this section may beused for components manufactured, de-signed, or installed in accordance withthose earlier editions at the time they

were listed. The user must refer to theappropriate previous edition of 49 CFRfor a listing of the earlier editions.

(b) All incorporated materials areavailable for inspection in the Re-search and Special Programs Adminis-tration, 400 Seventh Street, SW., Wash-ington, DC, and at the Office of theFederal Register, 800 North CapitolStreet, NW., suite 700, Washington, DC.These materials have been approved forincorporation by reference by the Di-rector of the Federal Register in ac-cordance with 5 U.S.C. 552(a) and 1 CFRpart 51. In addition, materials incor-porated by reference are available asfollows:

(1) American Gas Association (AGA),1515 Wilson Boulevard, Arlington, VA22209.

(2) American Petroleum Institute(API), 1220 L Street, NW., Washington,DC 20005.

(3) The American Society of Mechan-ical Engineers (ASME), United Engi-neering Center, 345 East 47th Street,New York, NY 10017.

(4) Manufacturers StandardizationSociety of the Valve and Fittings In-dustry, Inc. (MSS), 127 Park Street,NE., Vienna, VA 22180.

(5) American National Standards In-stitute (ANSI), 11 West 42nd Street,New York, NY 10036.

(6) American Society for Testing andMaterials (ASTM), 100 Barr HarborDrive, West Conshohocken, PA 19428.

(c) The full title for the publicationsincorporated by reference in this partare as follows. Numbers in parenthesesindicate applicable editions:

(1) American Gas Association (AGA):AGA Pipeline Research Committee,Project PR–3–805, ‘‘A Modified Cri-terion for Evaluating the RemainingStrength of Corroded Pipe’’ (December1989). The RSTRENG program may beused for calculating remainingstrength.

(2) American Petroleum Institute(API):

(i) API Specification 5L ‘‘Specifica-tion for Line Pipe’’ (41st edition, 1995).

(ii) API Specification 6D ‘‘Specifica-tion for Pipeline Valves (Gate, Plug,Ball, and Check Valves)’’ (21st Edition,1994).


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49 CFR Ch. I (10-1-96 Edition)§ 195.4

(iii) API Specification 1104 ‘‘Weldingof Pipelines and Related Facilities’’(18th edition, 1994).

(3) American Society of MechanicalEngineers (ASME):

(i) ASME/ANSI B16.9 ‘‘Factory-MadeWrought Steel Buttwelding Fittings’’(1993).

(ii) ASME/ANSI B31.4 ‘‘Liquid Trans-portation Systems for Hydrocarbons,Liquid Petroleum Gas, Anhydrous Am-monia, and Alcohols’’ (1992 edition withASME B31.4a–1994 Addenda).

(iii) ASME/ANSI B31.8 ‘‘Gas Trans-mission and Distribution Piping Sys-tems’’ (1995)

(iv) ASME/ANSI B31G ‘‘Manual forDetermining the Remaining Strengthof Corroded Pipelines’’ (1991).

(v) ASME Boiler and Pressure VesselCode, Section VIII, Division 1 ‘‘Pres-sure Vessels’’ (1995 edition with 1995Addenda).

(vi) ASME Boiler and Pressure VesselCode, Section IX ‘‘Welding and BrazingQualifications’’ (1995 edition with 1995Addenda).

(4) Manufacturers StandardizationSociety of the Valve and Fittings In-dustry, Inc. (MSS):

(i) MSS SP–75 ‘‘Specification forHigh Test Wrought Butt Welding Fit-tings’’ (1993).

(ii) [Reserved](5) American Society for Testing and

Materials (ASTM):(i) ASTM Designation: A 53 ‘‘Stand-

ard specification for Pipe, Steel, Blackand Hot-Dipped, Zinc-Coated, Weldedand Seamless’’ (A 53–95a).

(ii) ASTM Designation: A 106 ‘‘Stand-ard Specification for Seamless CarbonSteel Pipe for High-Temperature Serv-ice’’ (A 106–94a).

(iii) ASTM Designation: A 333/A 333M‘‘Standard Specification for Seamlessand Welded Steel Pipe for Low-Tem-perature Service’’(A 333/A 333M–94).

(iv) ASTM Designation: A 381‘‘Standard Specification for Metal-Arc-Welded Steel Pipe for Use With High-Pressure Transmission Systems’’ (A381–93).

(v) ASTM Designation: A 671 ‘‘Stand-ard Specification for Electric-Fusion-Welded Steel Pipe for Atmospheric andLower Temperatures’’ (A 671–94).

(vi) ASTM Designation: A 672‘‘Standard Specification for Electric-

Fusion-Welded Steel Pipe for High-Pressure Service at Moderate Tempera-tures’’ (A 672–94).

(vii) ASTM Designation: A 691‘‘Standard Specification for Carbon andAlloy Steel Pipe Electric-Fusion-Weld-ed for High- Pressure Service at HighTemperatures’’ (A 691–93).

[Amdt. 195–22, 46 FR 38360, July 27, 1981; 47FR 32721, July 29, 1982, as amended by Amdt.195–32, 49 FR 36860, Sept. 20, 1984; 58 FR 14523,Mar. 18, 1993; Amdt. 195–52, 59 FR 33396, June28, 1994; Amdt. 195–56, 61 FR 26123, May 24,1996; 61 FR 36826, July 15, 1996]

§ 195.4 Compatibility necessary fortransportation of hazardous liquidsor carbon dioxide.

No person may transport any hazard-ous liquid or carbon dioxide unless thehazardous liquid or carbon dioxide ischemically compatible with both thepipeline, including all components, andany other commodity that it may comeinto contact with while in the pipeline.

[Amdt. 195–45, 56 FR 26925, June 12, 1991]

§ 195.5 Conversion to service subjectto this part.

(a) A steel pipeline previously used inservice not subject to this part quali-fies for use under this part if the opera-tor prepares and follows a written pro-cedure to accomplish the following:

(1) The design, construction, oper-ation, and maintenance history of thepipeline must be reviewed and, wheresufficient historical records are notavailable, appropriate tests must beperformed to determine if the pipelineis in satisfactory condition for safe op-eration. If one or more of the variablesnecessary to verify the design pressureunder § 195.106 or to perform the testingunder paragraph (a)(4) of this section isunknown, the design pressure may beverified and the maximum operatingpressure determined by—

(i) Testing the pipeline in accordancewith ASME B31.8, Appendix N, toproduce a stress equal to the yieldstrength; and

(ii) Applying, to not more than 80percent of the first pressure that pro-duces a yielding, the design factor F in§ 195.106(a) and the appropriate factorsin § 195.106(e).

(2) The pipeline right-of-way, allaboveground segments of the pipeline,


143


and appropriately selected under-ground segments must be visually in-spected for physical defects and operat-ing conditions which reasonably couldbe expected to impair the strength ortightness of the pipeline.

(3) All known unsafe defects and con-ditions must be corrected in accord-ance with this part.

(4) The pipeline must be tested in ac-cordance with subpart E of this part tosubstantiate the maximum operatingpressure permitted by § 195.406.

(b) A pipeline which qualifies for useunder this section need not complywith the corrosion control require-ments of this part until 12 monthsafter it is placed in service, notwith-standing any earlier deadlines for com-pliance. In addition to the require-ments of subpart F of this part, thecorrosion control requirements of sub-part D apply to each pipeline whichsubstantially meets those require-ments before it is placed in service orwhich is a segment that is replaced, re-located, or substantially altered.

(c) Each operator must keep for thelife of the pipeline a record of the in-vestigations, tests, repairs, replace-ments, and alterations made under therequirements of paragraph (a) of thissection.

[Amdt. 195–22, 46 FR 38360, July 27, 1981, asamended by Amdt. 195–52, 59 FR 33396, June28, 1994]

§ 195.8 Transportation of hazardousliquid or carbon dioxide in pipe-lines constructed with other thansteel pipe.

No person may transport any hazard-ous liquid or carbon dioxide through apipe that is constructed after October1, 1970, for hazardous liquids or afterJuly 12, 1991 for carbon dioxide of ma-terial other than steel unless the per-son has notified the Administrator inwriting at least 90 days before thetransportation is to begin. The noticemust state whether carbon dioxide or ahazardous liquid is to be transportedand the chemical name, common name,properties and characteristics of thehazardous liquid to be transported andthe material used in construction ofthe pipeline. If the Administrator de-termines that the transportation of thehazardous liquid or carbon dioxide in

the manner proposed would be undulyhazardous, he will, within 90 days afterreceipt of the notice, order the personthat gave the notice, in writing, not totransport the hazardous liquid or car-bon dioxide in the proposed manneruntil further notice.

[Amdt. 195–45, 56 FR 26925, June 12, 1991, asamended by Amdt. 195–50, 59 FR 17281, Apr.12, 1994]

§ 195.10 Responsibility of operator forcompliance with this part.

An operator may make arrangementswith another person for the perform-ance of any action required by thispart. However, the operator is notthereby relieved from the responsibil-ity for compliance with any require-ment of this part.

Subpart B—Reporting Accidentsand Safety-Related Conditions

§ 195.50 Reporting accidents.An accident report is required for

each failure in a pipeline system sub-ject to this part in which there is a re-lease of the hazardous liquid or carbondioxide transported resulting in any ofthe following:

(a) Explosion or fire not inten-tionally set by the operator.

(b) Loss of 50 or more barrels of haz-ardous liquid or carbon dioxide.

(c) Escape to the atmosphere of morethan five barrels a day of highly vola-tile liquids.

(d) Death of any person.(e) Bodily harm to any person result-

ing in one or more of the following:(1) Loss of consciousness.(2) Necessity to carry the person

from the scene.(3) Necessity for medical treatment.(4) Disability which prevents the dis-

charge of normal duties or the pursuitof normal activities beyond the day ofthe accident.

(f) Estimated property damage, in-cluding cost of clean-up and recovery,value of lost product, and damage tothe property of the operator or others,or both, exceeding $50,000.

[Amdt. 195–22, 46 FR 38360, July 27, 1981, asamended by Amdt. 195–39, 53 FR 24950, July 1,1988; Amdt. 195–45, 56 FR 26925, June 12, 1991;Amdt. 195–52, 59 FR 33396, June 28, 1994]


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49 CFR Ch. I (10-1-96 Edition)§ 195.52

§ 195.52 Telephonic notice of certainaccidents.

(a) At the earliest practicable mo-ment following discovery of a releaseof the hazardous liquid or carbon diox-ide transported resulting in an eventdescribed in § 195.50, the operator of thesystem shall give notice, in accordancewith paragraph (b) of this section, ofany failure that:

(1) Caused a death or a personal in-jury requiring hospitalization;

(2) Resulted in either a fire or explo-sion not intentionally set by the opera-tor;

(3) Caused estimated property dam-age, including cost of cleanup and re-covery, value of lost product, and dam-age to the property of the operator orothers, or both, exceeding $50,000;

(4) Resulted in pollution of anystream, river, lake, reservoir, or othersimilar body of water that violated ap-plicable water quality standards,caused a discoloration of the surface ofthe water or adjoining shoreline, or de-posited a sludge or emulsion beneaththe surface of the water or upon adjoin-ing shorelines; or

(5) In the judgment of the operatorwas significant even though it did notmeet the criteria of any other para-graph of this section.

(b) Reports made under paragraph (a)of this section are made by telephoneto 800–424–8802 (in Washington, DC 267–2675) and must include the following in-formation:

(1) Name and address of the operator.(2) Name and telephone number of

the reporter.(3) The location of the failure.(4) The time of the failure.(5) The fatalities and personal inju-

ries, if any.(6) All other significant facts known

by the operator that are relevant tothe cause of the failure or extent of thedamages.

[Amdt. 195–22, 46 FR 38360, July 27, 1981, asamended by Amdt. 195–23, 47 FR 32720, July29, 1982; Amdt. 195–44, 54 FR 40878, Oct. 4,1989; Amdt. 195–45, 56 FR 26925, June 12, 1991;Amdt. 195–52, 59 FR 33396, June 28, 1994]

§ 195.54 Accident reports.(a) Each operator that experiences an

accident that is required to be reportedunder § 195.50 shall as soon as prac-

ticable, but not later than 30 days afterdiscovery of the accident, prepare andfile an accident report on DOT Form7000–1, or a facsimile.

(b) Whenever an operator receivesany changes in the information re-ported or additions to the original re-port on DOT Form 7000–1, it shall file asupplemental report within 30 days.

[Amdt. 195–39, 53 FR 24950, July 1, 1988]

§ 195.55 Reporting safety-related con-ditions.

(a) Except as provided in paragraph(b) of this section, each operator shallreport in accordance with § 195.56 theexistence of any of the following safe-ty-related conditions involving pipe-lines in service:

(1) General corrosion that has re-duced the wall thickness to less thanthat required for the maximum operat-ing pressure, and localized corrosionpitting to a degree where leakagemight result.

(2) Unintended movement or abnor-mal loading of a pipeline by environ-mental causes, such as an earthquake,landslide, or flood, that impairs itsserviceability.

(3) Any material defect or physicaldamage that impairs the serviceabilityof a pipeline.

(4) Any malfunction or operatingerror that causes the pressure of apipeline to rise above 110 percent of itsmaximum operating pressure.

(5) A leak in a pipeline that con-stitutes an emergency.

(6) Any safety-related condition thatcould lead to an imminent hazard andcauses (either directly or indirectly byremedial action of the operator), forpurposes other than abandonment, a 20percent or more reduction in operatingpressure or shutdown of operation of apipeline.

(b) A report is not required for anysafety-related condition that—

(1) Exists on a pipeline that is morethan 220 yards from any building in-tended for human occupancy or out-door place of assembly, except that re-ports are required for conditions withinthe right-of-way of an active railroad,paved road, street, or highway, or thatoccur offshore or at onshore locationswhere a loss of hazardous liquid couldreasonably be expected to pollute any


145


stream, river, lake, reservoir, or otherbody of water;

(2) Is an accident that is required tobe reported under § 195.50 or results insuch an accident before the deadlinefor filing the safety-related conditionreport; or

(3) Is corrected by repair or replace-ment in accordance with applicablesafety standards before the deadline forfiling the safety-related condition re-port, except that reports are requiredfor all conditions under paragraph(a)(1) of this section other than local-ized corrosion pitting on an effectivelycoated and cathodically protected pipe-line.

[Amdt. 195–39, 53 FR 24950, July 1, 1988; 53 FR29800, Aug. 8, 1988]

§ 195.56 Filing safety-related conditionreports.

(a) Each report of a safety-relatedcondition under § 191.55(a) must be filed(received by the Administrator) inwriting within 5 working days (not in-cluding Saturdays, Sundays, or Federalholidays) after the day a representativeof the operator first determines thatthe condition exists, but not later than10 working days after the day a rep-resentative of the operator discoversthe condition. Separate conditions maybe described in a single report if theyare closely related. To file a report bytelefacsimile (fax), dial (202) 366–7128.

(b) The report must be headed ‘‘Safe-ty-Related Condition Report’’ and pro-vide the following information:

(1) Name and principal address of op-erator.

(2) Date of report.(3) Name, job title, and business tele-

phone number of person submitting thereport.

(4) Name, job title, and business tele-phone number of person who deter-mined that the condition exists.

(5) Date condition was discovered anddate condition was first determined toexist.

(6) Location of condition, with ref-erence to the State (and town, city, orcounty) or offshore site, and as appro-priate nearest street address, offshoreplatform, survey station number, mile-post, landmark, or name of pipeline.

(7) Description of the condition, in-cluding circumstances leading to itsdiscovery, any significant effects of thecondition on safety, and the name ofthe commodity transported or stored.

(8) The corrective action taken (in-cluding reduction of pressure or shut-down) before the report is submittedand the planned follow-up or futurecorrective action, including the antici-pated schedule for starting and con-cluding such action.

[Amdt. 195–39, 53 FR 24950, July 1, 1988; 53 FR29800, Aug. 8, 1988, as amended by Amdt. 195–42, 54 FR 32344, Aug. 7, 1989; Amdt. 195–44, 54FR 40878, Oct. 4, 1989; Amdt. 195–50, 59 FR17281, Apr. 12, 1994]

§ 195.57 Filing offshore pipeline condi-tion reports.

(a) Each operator shall, within 60days after completion of the inspectionof all its underwater pipelines subjectto § 195.413(a), report the following in-formation:

(1) Name and principal address of op-erator.

(2) Date of report.(3) Name, job title, and business tele-

phone number of person submitting thereport.

(4) Total number of miles of pipelineinspected.

(5) Length and date of installation ofeach exposed pipeline segment, and lo-cation; including, if available, the loca-tion according to the Minerals Manage-ment Service or state offshore area andblock number tract.

(6) Length and date of installation ofeach pipeline segment, if different froma pipeline segment identified underparagraph (a)(5) of this section, that isa hazard to navigation, and the loca-tion; including, if available, the loca-tion according to the Minerals Manage-ment Service or state offshore area andblock number tract.

(b) The report shall be mailed to theInformation Officer, Research and Spe-cial Programs Administration, Depart-ment of Transportation, 400 SeventhStreet, SW., Washington, DC 20590.

[Amdt. 195–47, 56 FR 63771, Dec. 5, 1991]


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49 CFR Ch. I (10-1-96 Edition)§ 195.58

§ 195.58 Address for written reports.

Each written report required by thissubpart must be made to the Informa-tion Resources Manager, Office of Pipe-line Safety, Research and Special Pro-grams Administration, U.S. Depart-ment of Transportation, Room 2335, 400Seventh Street SW., Washington DC20590. However, accident reports forintrastate pipelines subject to the ju-risdiction of a State agency pursuantto a certification under the pipelinesafety laws (49 U.S.C. 60101 et seq.) maybe submitted in duplicate to that Stateagency if the regulations of that agen-cy require submission of these reportsand provide for further transmittal ofone copy within 10 days of receipt tothe Information Resources Manager.Safety-related condition reports re-quired by § 195.55 for intrastate pipe-lines must be submitted concurrentlyto the State agency, and if that agencyacts as an agent of the Secretary withrespect to interstate pipelines, safety-related condition reports for thesepipelines must be submitted concur-rently to that agency.

[Amdt. 195–55, 61 FR 18518, Apr. 26, 1996

§ 195.60 Operator assistance in inves-tigation.

If the Department of Transportationinvestigates an accident, the operatorinvolved shall make available to therepresentative of the Department allrecords and information that in anyway pertain to the accident, and shallafford all reasonable assistance in theinvestigation of the accident.

§ 195.62 Supplies of accident reportDOT Form 7000–1.

Each operator shall maintain an ade-quate supply of forms that are a fac-simile of DOT Form 7000–1 to enable itto promptly report accidents. The De-partment will, upon request, furnishspecimen copies of the form. Requestsshould be addressed to the InformationResources Manager, Office of PipelineSafety, Department of Transportation,Washington, DC 20590.

[Amdt. 195–22, 46 FR 38360, July 27, 1981, asamended at 47 FR 32720, July 29, 1982]

§ 195.63 OMB control number assignedto information collection.

The control number assigned by theOffice of Management and Budget tothe hazardous liquid pipeline informa-tion collection requirements of thispart pursuant to the Paperwork Reduc-tion Act of 1980 is 2137–0047.

[Amdt. 195–34, 50 FR 34474, Aug. 26, 1985]

Subpart C—Design Requirements§ 195.100 Scope.

This subpart prescribes minimum de-sign requirements for new pipeline sys-tems constructed with steel pipe andfor relocating, replacing, or otherwisechanging existing systems constructedwith steel pipe. However, it does notapply to the movement of line pipecovered by § 195.424.

§ 195.101 Qualifying metallic compo-nents other than pipe.

Notwithstanding any requirement ofthe subpart which incorporates by ref-erence an edition of a document listedin § 195.3, a metallic component otherthan pipe manufactured in accordancewith any other edition of that docu-ment is qualified for use if—

(a) It can be shown through visual in-spection of the cleaned component thatno defect exists which might impairthe strength or tightness of the compo-nent: and

(b) The edition of the documentunder which the component was manu-factured has equal or more stringentrequirements for the following as anedition of that document currently orpreviously listed in § 195.3:

(1) Pressure testing;(2) Materials; and(3) Pressure and temperature ratings.

[Amdt. 195–28, 48 FR 30639, July 5, 1983]

§ 195.102 Design temperature.(a) Material for components of the

system must be chosen for the tem-perature environment in which thecomponents will be used so that thepipeline will maintain its structuralintegrity.

(b) Components of carbon dioxidepipelines that are subject to low tem-peratures during normal operation be-cause of rapid pressure reduction or


147


during the initial fill of the line mustbe made of materials that are suitablefor those low temperatures.

[Admt. 195–45, 56 FR 26925, June 12, 1991]

§ 195.104 Variations in pressure.

If, within a pipeline system, two ormore components are to be connectedat a place where one will operate at ahigher pressure than another, the sys-tem must be designed so that any com-ponent operating at the lower pressurewill not be overstressed.

§ 195.106 Internal design pressure.

(a) Internal design pressure for thepipe in a pipeline is determined in ac-cordance with the following formula:

P=(2 St/D)×E×F

P=Internal design pressure in pounds persquare inch gauge.

S=Yield strength in pounds per square inchdetermined in accordance with paragraph(b) of this section.

t=Nominal wall thickness of the pipe ininches. If this is unknown, it is deter-mined in accordance with paragraph (c)of this section.

D=Nominal outside diameter of the pipe ininches.

E=Seam joint factor determined in accord-ance with paragraph (e) of this section.

F=A design factor of 0.72, except that a de-sign factor of 0.60 is used for pipe, includ-ing risers, on a platform located offshoreor on a platform in inland navigable wa-ters, and 0.54 is used for pipe that hasbeen subjected to cold expansion to meetthe specified minimum yield strengthand is subsequently heated, other thanby welding or stress relieving as a part ofwelding, to a temperature higher than900° F (482° C) for any period of time orover 600° F (316° C) for more than 1 hour.

(b) The yield strength to be used indetermining the internal design pres-sure under paragraph (a) of this sectionis the specified minimum yieldstrength. If the specified minimumyield strength is not known, the yieldstrength to be used in the design for-mula is one of the following:

(1)(i) The yield strength determinedby performing all of the tensile tests ofAPI Specification 5L on randomly se-lected specimens with the followingnumber of tests:

Pipe size No. of tests

Less than 168.3 mm (65⁄8 in)nominal outside diameter.

One test for each 200lengths.

168.3 through 323.8 mm (65⁄8through 123⁄4 in) nominal out-side diameter.


Larger than 323.8 mm (123⁄4 in)nominal outside diameter.


(ii) If the average yield-tensile ratioexceeds 0.85, the yield strength shall betaken as 165,474 kPa (24,000 psi). If theaverage yield-tensile ratio is 0.85 orless, the yield strength of the pipe istaken as the lower of the following:

(A) Eighty percent of the averageyield strength determined by the ten-sile tests.

(B) The lowest yield strength deter-mined by the tensile tests.

(2) If the pipe is not tensile tested asprovided in paragraph (b) of this sec-tion, the yield strength shall be takenas 165,474 kPa (24,000 psi).

(c) If the nominal wall thickness tobe used in determining internal designpressure under paragraph (a) of thissection is not known, it is determinedby measuring the thickness of eachpiece of pipe at quarter points on oneend. However, if the pipe is of uniformgrade, size, and thickness, only 10 indi-vidual lengths or 5 percent of alllengths, whichever is greater, need bemeasured. The thickness of the lengthsthat are not measured must be verifiedby applying a gage set to the minimumthickness found by the measurement.The nominal wall thickness to be usedis the next wall thickness found incommercial specifications that isbelow the average of all the measure-ments taken. However, the nominalwall thickness may not be more than1.14 times the smallest measurementtaken on pipe that is less than 508 mm(20 in) nominal outside diameter, normore than 1.11 times the smallestmeasurement taken on pipe that is 508mm (20 in) or more in nominal outsidediameter.

(d) The minimum wall thickness ofthe pipe may not be less than 87.5 per-cent of the value used for nominal wallthickness in determining the internaldesign pressure under paragraph (a) ofthis section. In addition, the antici-pated external loads and external pres-sures that are concurrent with internal


148

49 CFR Ch. I (10-1-96 Edition)§ 195.108

pressure must be considered in accord-ance with §§ 195.108 and 195.110 and,after determining the internal designpressure, the nominal wall thicknessmust be increased as necessary to com-pensate for these concurrent loads andpressures.

(e) The seam joint factor used inparagraph (a) of this section is deter-mined in accordance with the followingtable:

Specification Pipe classSeamjoint

factor

ASTM A53 .... Seamless .......................................... 1.00Electric resistance welded ................ 1.00Furnace lap welded .......................... 0.80Furnace butt welded ......................... 0.60

ASTM A106 .. Seamless .......................................... 1.00ASTM A 333/

A 333M.Seamless .......................................... 1.00

Welded .............................................. 1.00ASTM A381 .. Double submerged arc welded ........ 1.00ASTM A671 .. Electric-fusion-welded ....................... 1.00ASTM A672 .. Electric-fusion-welded ....................... 1.00ASTM A691 .. Electric-fusion-welded ....................... 1.00API 5L ........... Seamless .......................................... 1.00

Electric resistance welded ................ 1.00Electric flash welded ......................... 1.00Submerged arc welded .................... 1.00Furnace lap welded .......................... 0.80Furnace butt welded ......................... 0.60

The seam joint factor for pipe which isnot covered by this paragraph must beapproved by the Administrator.

[Amdt. 195–22, 46 FR 38360, July 27, 1981; 47FR 32721, July 29, 1982, as amended by Amdt.195–30, 49 FR 7569, Mar. 1, 1984; Amdt 195–37,51 FR 15335, Apr. 23, 1986; Amdt 195–40, 54 FR5628, Feb. 6, 1989; 58 FR 14524, Mar. 18, 1993;Amdt. 195–50, 59 FR 17281, Apr. 12, 1994; Amdt.195–52, 59 FR 33396, 33397, June 28, 1994]

§ 195.108 External pressure.Any external pressure that will be

exerted on the pipe must be providedfor in designing a pipeline system.

§ 195.110 External loads.(a) Anticipated external loads (e.g.),

earthquakes, vibration, thermal expan-sion, and contraction must be providedfor in designing a pipeline system. Inproviding for expansion and flexibility,section 419 of ASME/ANSI B31.4 mustbe followed.

(b) The pipe and other componentsmust be supported in such a way thatthe support does not cause excess local-ized stresses. In designing attachmentsto pipe, the added stress to the wall of

the pipe must be computed and com-pensated for.

[Amdt. 195–22, 46 FR 38360, July 27, 1981, asamended at 58 FR 14524, Mar. 18, 1993]

§ 195.111 Fracture propagation.

A carbon dioxide pipeline systemmust be designed to mitigate the ef-fects of fracture propagation.

[Amdt. 195–45, 56 FR 26926, June 12, 1991]

§ 195.112 New pipe.

Any new pipe installed in a pipelinesystem must comply with the follow-ing:

(a) The pipe must be made of steel ofthe carbon, low alloy-high strength, oralloy type that is able to withstand theinternal pressures and external loadsand pressures anticipated for the pipe-line system.

(b) The pipe must be made in accord-ance with a written pipe specificationthat sets forth the chemical require-ments for the pipe steel and mechani-cal tests for the pipe to provide pipesuitable for the use intended.

(c) Each length of pipe with a nomi-nal outside diameter of 114.3 mm (41⁄2in) or more must be marked on the pipeor pipe coating with the specificationto which it was made, the specifiedminimum yield strength or grade, andthe pipe size. The marking must be ap-plied in a manner that does not damagethe pipe or pipe coating and must re-main visible until the pipe is installed.


§ 195.114 Used pipe.

Any used pipe installed in a pipelinesystem must comply with § 195.112 (a)and (b) and the following:

(a) The pipe must be of a known spec-ification and the seam joint factormust be determined in accordance with§ 195.106(e). If the specified minimumyield strength or the wall thickness isnot known, it is determined in accord-ance with § 195.106 (b) or (c) as appro-priate.

(b) There may not be any:(1) Buckles;(2) Cracks, grooves, gouges, dents, or

other surface defects that exceed the


149


maximum depth of such a defect per-mitted by the specification to whichthe pipe was manufactured; or

(3) Corroded areas where the remain-ing wall thickness is less than the min-imum thickness required by the toler-ances in the specification to which thepipe was manufactured.

However, pipe that does not meet therequirements of paragraph (b)(3) of thissection may be used if the operatingpressure is reduced to be commensu-rate with the remaining wall thick-ness.

[Amdt. 195–22, 46 FR 38360, July 27, 1981; 47FR 32721, July 29, 1982]

§ 195.116 Valves.

Each valve installed in a pipelinesystem must comply with the follow-ing:

(a) The valve must be of a sound en-gineering design.

(b) Materials subject to the internalpressure of the pipeline system, includ-ing welded and flanged ends, must becompatible with the pipe or fittings towhich the valve is attached.

(c) Each part of the valve that will bein contact with the carbon dioxide orhazardous liquid stream must be madeof materials that are compatible withcarbon dioxide or each hazardous liquidthat it is anticipated will flow throughthe pipeline system.

(d) Each valve must be bothhydrostatically shell tested andhydrostatically seat tested withoutleakage to at least the requirementsset forth in section 5 of API Standard6D.

(e) Each valve other than a checkvalve must be equipped with a meansfor clearly indicating the position ofthe valve (open, closed, etc.).

(f) Each valve must be marked on thebody or the nameplate, with at leastthe following:

(1) Manufacturer’s name or trade-mark.

(2) Class designation or the maximumworking pressure to which the valvemay be subjected.

(3) Body material designation (theend connection material, if more thanone type is used).

(4) Nominal valve size.

[Amdt. 195–22, 46 FR 38360, July 27, 1981 asamended by Amdt. 195–45, 56 FR 26926, June12, 1991]

§ 195.118 Fittings.(a) Butt-welding type fittings must

meet the marking, end preparation,and the bursting strength requirementsof ASME/ANSI B16.9 or MSS StandardPractice SP–75.

(b) There may not be any buckles,dents, cracks, gouges, or other defectsin the fitting that might reduce thestrength of the fitting.

(c) The fitting must be suitable forthe intended service and be at least asstrong as the pipe and other fittings inthe pipeline system to which it is at-tached.

[Amdt. 195–22, 46 FR 38360, July 27, 1981; 47FR 32721, July 29, 1982, as amended at 58 FR14524, Mar. 18, 1993]

§ 195.120 Passage of internal inspec-tion devices.

(a) Except as provided in paragraphs(b) and (c) of this section, each newpipeline and each line section of a pipe-line where the line pipe, valve, fittingor other line component is replaced;must be designed and constructed toaccommodate the passage of instru-mented internal inspection devices.

(b) This section does not apply to:(1) Manifolds;(2) Station piping such as at pump

stations, meter stations, or pressurereducing stations;

(3) Piping associated with tank farmsand other storage facilities;

(4) Cross-overs;(5) Sizes of pipe for which an instru-

mented internal inspection device isnot commercially available;

(6) Offshore pipelines, other thanmain lines 10 inches or greater in nomi-nal diameter, that transport liquids toonshore facilities; and

(7) Other piping that the Adminis-trator under § 190.9 of this chapter,finds in a particular case would be im-practicable to design and construct toaccommodate the passage of instru-mented internal inspection devices.

(c) An operator encountering emer-gencies, construction time constraintsand other unforeseen constructionproblems need not construct a new or


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49 CFR Ch. I (10-1-96 Edition)§ 195.122

replacement segment of a pipeline tomeet paragraph (a) of this section, ifthe operator determines and docu-ments why an impracticability pro-hibits compliance with paragraph (a) ofthis section. Within 30 days after dis-covering the emergency or construc-tion problem the operator must peti-tion, under § 190.9 of this chapter, forapproval that design and constructionto accommodate passage of instru-mented internal inspection deviceswould be impracticable. If the petitionis denied, within 1 year after the dateof the notice of the denial, the operatormust modify that segment to allowpassage of instrumented internal in-spection devices.

[Amdt. 195–50, 59 FR 17281, Apr. 12, 1994]

§ 195.122 Fabricated branch connec-tions.

Each pipeline system must be de-signed so that the addition of any fab-ricated branch connections will not re-duce the strength of the pipeline sys-tem.

§ 195.124 Closures.

Each closure to be installed in a pipe-line system must comply with theASME Boiler and Pressure Vessel Code,section VIII, Pressure Vessels, Division1, and must have pressure and tempera-ture ratings at least equal to those ofthe pipe to which the closure is at-tached.

§ 195.126 Flange connection.

Each component of a flange connec-tion must be compatible with eachother component and the connection asa unit must be suitable for the servicein which it is to be used.

§ 195.128 Station piping.

Any pipe to be installed in a stationthat is subject to system pressure mustmeet the applicable requirements ofthis subpart.

§ 195.130 Fabricated assemblies.

Each fabricated assembly to be in-stalled in a pipeline system must meetthe applicable requirements of thissubpart.

§ 195.132 Above ground breakouttanks.

Each above ground breakout tankmust be designed to withstand the in-ternal pressure produced by the hazard-ous liquid to be stored therein and anyanticipated external loads.

Subpart D—Construction

§ 195.200 Scope.

This subpart prescribes minimum re-quirements for constructing new pipe-line systems with steel pipe, and for re-locating, replacing, or otherwisechanging existing pipeline systemsthat are constructed with steel pipe.However, this subpart does not applyto the movement of pipe covered by§ 195.424.

§ 195.202 Compliance with specifica-tions or standards.

Each pipeline system must be con-structed in accordance with com-prehensive written specifications orstandards that are consistent with therequirements of this part.

§ 195.204 Inspection—general.

Inspection must be provided to en-sure the installation of pipe or pipelinesystems in accordance with the re-quirements of this subpart. No personmay be used to perform inspections un-less that person has been trained and isqualified in the phase of constructionto be inspected.


§ 195.206 Material inspection.

No pipe or other component may beinstalled in a pipeline system unless ithas been visually inspected at the siteof installation to ensure that it is notdamaged in a manner that could impairits strength or reduce its service-ability.

§ 195.208 Welding of supports andbraces.

Supports or braces may not be weld-ed directly to pipe that will be oper-ated at a pressure of more than 100p.s.i.g.


151


§ 195.210 Pipeline location.

(a) Pipeline right-of-way must be se-lected to avoid, as far as practicable,areas containing private dwellings, in-dustrial buildings, and places of publicassembly.

(b) No pipeline may be located within50 feet of any private dwelling, or anyindustrial building or place of publicassembly in which persons work, con-gregate, or assemble, unless it is pro-vided with at least 12 inches of cover inaddition to that prescribed in § 195.248.

§ 195.212 Bending of pipe.

(a) Pipe must not have a wrinklebend.

(b) Each field bend must comply withthe following:

(1) A bend must not impair the serv-iceability of the pipe.

(2) Each bend must have a smoothcontour and be free from buckling,cracks, or any other mechanical dam-age.

(3) On pipe containing a longitudinalweld, the longitudinal weld must be asnear as practicable to the neutral axisof the bend unless—

(i) The bend is made with an internalbending mandrel; or

(ii) The pipe is 323.8 mm (123⁄4 in) orless nominal outside diameter or has adiameter to wall thickness ratio lessthan 70.

(c) Each circumferential weld whichis located where the stress during bend-ing causes a permanent deformation inthe pipe must be nondestructively test-ed either before or after the bendingprocess.


§ 195.214 Welding: General.

(a) Welding must be performed by aqualified welder in accordance withwelding procedures qualified toproduce welds meeting the require-ments of this subpart. The quality ofthe test welds used to qualify the pro-cedure shall be determined by destruc-tive testing.

(b) Each welding procedure must berecorded in detail, including the resultsof the qualifying tests. This record

must be retained and followed when-ever the procedure is used.

[Amdt. 195–38, 51 FR 20297, June 4, 1986]

§ 195.216 Welding: Miter joints.A miter joint is not permitted (not

including deflections up to 3 degreesthat are caused by misalignment).

§ 195.222 Welders: Qualification ofwelders.

Each welder must be qualified in ac-cordance with section 3 of API Stand-ard 1104 or section IX of the ASMEBoiler and Pressure Vessel Code, exceptthat a welder qualified under an earlieredition than listed in § 195.3 may weldbut may not requalify under that ear-lier edition.

[Amdt. 195–32, 49 FR 36860, Sept. 20, 1984, asamended by Amdt. 195–38, 51 FR 20297, June4, 1986]

§ 195.224 Welding: Weather.Welding must be protected from

weather conditions that would impairthe quality of the completed weld.

§ 195.226 Welding: Arc burns.(a) Each arc burn must be repaired.(b) An arc burn may be repaired by

completely removing the notch bygrinding, if the grinding does not re-duce the remaining wall thickness toless than the minimum thickness re-quired by the tolerances in the speci-fication to which the pipe is manufac-tured. If a notch is not repairable bygrinding, a cylinder of the pipe con-taining the entire notch must be re-moved.

(c) A ground may not be welded tothe pipe or fitting that is being welded.

§ 195.228 Welds and welding inspec-tion: Standards of acceptability.

(a) Each weld and welding must beinspected to insure compliance withthe requirements of this subpart. Vis-ual inspection must be supplementedby nondestructive testing.

(b) The acceptability of a weld is de-termined according to the standards insection 6 of API Standard 1104. How-ever, if a girth weld is unacceptableunder those standards for a reasonother than a crack, and if the Appendixto API Standard 1104 applies to the


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49 CFR Ch. I (10-1-96 Edition)§ 195.230

weld, the acceptability of the weld maybe determined under that appendix.


§ 195.230 Welds: Repair or removal ofdefects.

(a) Each weld that is unacceptableunder § 195.228 must be removed or re-paired. Except for welds on an offshorepipeline being installed from a pipelayvessel, a weld must be removed if it hasa crack that is more than 8 percent ofthe weld length.

(b) Each weld that is repaired musthave the defect removed down to soundmetal and the segment to be repairedmust be preheated if conditions existwhich would adversely affect the qual-ity of the weld repair. After repair, thesegment of the weld that was repairedmust be inspected to ensure its accept-ability.

(c) Repair of a crack, or of any defectin a previously repaired area must bein accordance with written weld repairprocedures that have been qualifiedunder § 195.214. Repair procedures mustprovide that the minimum mechanicalproperties specified for the weldingprocedure used to make the originalweld are met upon completion of thefinal weld repair.

[Amdt. 195–29, 48 FR 48674, Oct. 20, 1983]

§ 195.234 Welds: Nondestructive test-ing.

(a) A weld may be nondestructivelytested by any process that will clearlyindicate any defects that may affectthe integrity of the weld.

(b) Any nondestructive testing ofwelds must be performed—

(1) In accordance with a written setof procedures for nondestructive test-ing; and

(2) With personnel that have beentrained in the established proceduresand in the use of the equipment em-ployed in the testing.

(c) Procedures for the proper inter-pretation of each weld inspection mustbe established to ensure the accept-ability of the weld under § 195.228.

(d) During construction, at least 10percent of the girth welds made byeach welder during each welding day

must be nondestructively tested overthe entire circumference of the weld.

(e) All girth welds installed each dayin the following locations must be non-destructively tested over their entirecircumference, except that when non-destructive testing is impracticable fora girth weld, it need not be tested ifthe number of girth welds for whichtesting is impracticable does not ex-ceed 10 percent of the girth welds in-stalled that day:

(1) At any onshore location where aloss of hazardous liquid could reason-ably be expected to pollute any stream,river, lake, reservoir, or other body ofwater, and any offshore area;

(2) Within railroad or public roadrights-of-way;

(3) At overhead road crossings andwithin tunnels;

(4) Within the limits of any incor-porated subdivision of a State govern-ment; and

(5) Within populated areas, including,but not limited to, residential subdivi-sions, shopping centers, schools, des-ignated commercial areas, industrialfacilities, public institutions, andplaces of public assembly.

(f) When installing used pipe, 100 per-cent of the old girth welds must benondestructively tested.

(g) At pipeline tie-ins, including tie-ins of replacement sections, 100 percentof the girth welds must be nondestruc-tively tested.

[Amdt. 195–22, 46 FR 38360, July 27, 1981, asamended by Amdt. 195–35, 50 FR 37192, Sept.21, 1985; Amdt. 195–52, 59 FR 33397, June 28,1994]

§ 195.236 External corrosion protec-tion.

Each component in the pipeline sys-tem must be provided with protectionagainst external corrosion.

§ 195.238 External coating.

(a) No pipeline system componentmay be buried or submerged unlessthat component has an external protec-tive coating that—

(1) Is designed to mitigate corrosionof the buried or submerged component;

(2) Has sufficient adhesion to themetal surface to prevent underfilm mi-gration of moisture;


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(3) Is sufficiently ductile to resistcracking;

(4) Has enough strength to resistdamage due to handling and soil stress;and

(5) Supports any supplemental ca-thodic protection.

In addition, if an insulating-type coat-ing is used it must have low moistureabsorption and provide high electricalresistance.

(b) All pipe coating must be inspectedjust prior to lowering the pipe into theditch or submerging the pipe, and anydamage discovered must be repaired.

§ 195.242 Cathodic protection system.(a) A cathodic protection system

must be installed for all buried or sub-merged facilities to mitigate corrosionthat might result in structural failure.A test procedure must be developed todetermine whether adequate cathodicprotection has been achieved.

(b) A cathodic protection systemmust be installed not later than 1 yearafter completing the construction.

§ 195.244 Test leads.(a) Except for offshore pipelines, elec-

trical test leads used for corrosion con-trol or electrolysis testing must be in-stalled at intervals frequent enough toobtain electrical measurements indi-cating the adequacy of the cathodicprotection.

(b) Test leads must be installed asfollows:

(1) Enough looping or slack must beprovided to prevent test leads frombeing unduly stressed or broken duringbackfilling.

(2) Each lead must be attached to thepipe so as to prevent stress concentra-tion on the pipe.

(3) Each lead installed in a conduitmust be suitably insulated from theconduit.

§ 195.246 Installation of pipe in aditch.

(a) All pipe installed in a ditch mustbe installed in a manner that mini-mizes the introduction of secondarystresses and the possibility of damageto the pipe.

(b) Except for pipe in the Gulf ofMexico and its inlets, all offshore pipein water at least 3.7 m (12 ft) deep but

not more than 61 m (200 ft) deep, asmeasured from the mean low tide,must be installed so that the top of thepipe is below the natural bottom unlessthe pipe is supported by stanchions,held in place by anchors or heavy con-crete coating, or protected by an equiv-alent means.

[Amdt. 195–22, 46 FR 38360, July 27, 1981, asamended by Amdt. 195–52, 59 FR 33397, June28, 1994; 59 FR 36256, July 15, 1994]

§ 195.248 Cover over buried pipeline.

(a) Unless specifically exempted inthis subpart, all pipe must be buried sothat it is below the level of cultivation.Except as provided in paragraph (b) ofthis section, the pipe must be installedso that the cover between the top ofthe pipe and the ground level, road bed,river bottom, or sea bottom, as appli-cable, complies with the followingtable:

Location

Cover (inches)

Fornormalexca-vation

Forrockexca-

vation 1

Industrial, commercial, and residentialareas ...................................................... 36 30

Crossings of inland bodies of water with awidth of at least 100 ft from high watermark to high water mark ........................ 48 18

Drainage ditches at public roads and rail-roads ...................................................... 36 36

Deepwater port safety zone ...................... 48 24Gulf of Mexico and its inlets and other off-

shore areas under water less than 3.7m (12 ft) deep as measured from themean low tide ......................................... 36 18

Any other area ........................................... 30 18

1 Rock excavation is any excavation that requires blastingor removal by equivalent means.

(b) Except for the Gulf of Mexico andits inlets, less cover than the minimumrequired by paragraph (a) of this sec-tion and § 195.210 may be used if—

(1) It is impracticable to comply withthe minimum cover requirements; and

(2) Additional protection is providedthat is equivalent to the minimum re-quired cover.

[Amdt. 195–22, 46 FR 38360, July 27, 1981; 47FR 32721, July 29, 1982 as amended by Amdt.195–52, 59 FR 33397, June 28, 1994; 59 FR 36256,July 15, 1994]


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49 CFR Ch. I (10-1-96 Edition)§ 195.250

§ 195.250 Clearance between pipe andunderground structures.

Any pipe installed underground musthave at least 12 inches of clearance be-tween the outside of the pipe and theextremity of any other undergroundstructure, except that for drainage tilethe minimum clearance may be lessthan 12 inches but not less than 2inches. However, where 12 inches ofclearance is impracticable, the clear-ance may be reduced if adequate provi-sions are made for corrosion control.

§ 195.252 Backfilling.Backfilling must be performed in a

manner that protects any pipe coatingand provides firm support for the pipe.

§ 195.254 Above ground components.(a) Any component may be installed

above ground in the following situa-tions, if the other applicable require-ments of this part are complied with:

(1) Overhead crossings of highways,railroads, or a body of water.

(2) Spans over ditches and gullies.(3) Scraper traps or block valves.(4) Areas under the direct control of

the operator.(5) In any area inaccessible to the

public.(b) Each component covered by this

section must be protected from theforces exerted by the anticipated loads.

§ 195.256 Crossing of railroads andhighways.

The pipe at each railroad or highwaycrossing must be installed so as to ade-quately withstand the dynamic forcesexerted by anticipated traffic loads.

§ 195.258 Valves: General.(a) Each valve must be installed in a

location that is accessible to author-ized employees and that is protectedfrom damage or tampering.

(b) Each submerged valve located off-shore or in inland navigable watersmust be marked, or located by conven-tional survey techniques, to facilitatequick location when operation of thevalve is required.

§ 195.260 Valves: Location.A valve must be installed at each of

the following locations:

(a) On the suction end and the dis-charge end of a pump station in a man-ner that permits isolation of the pumpstation equipment in the event of anemergency.

(b) On each line entering or leaving abreakout storage tank area in a man-ner that permits isolation of the tankarea from other facilities.

(c) On each mainline at locationsalong the pipeline system that willminimize damage or pollution from ac-cidental hazardous liquid discharge, asappropriate for the terrain in opencountry, for offshore areas, or for popu-lated areas.

(d) On each lateral takeoff from atrunk line in a manner that permitsshutting off the lateral without inter-rupting the flow in the trunk line.

(e) On each side of a water crossingthat is more than 100 feet wide fromhigh-water mark to high-water markunless the Administrator finds in aparticular case that valves are not jus-tified.

(f) On each side of a reservoir holdingwater for human consumption.

[Amdt. 195–22, 46 FR 38360, July 27, 1981; 47FR 32721, July 29, 1982; Amdt. 195–50, 59 FR17281, Apr. 12, 1994]

§ 195.262 Pumping equipment.

(a) Adequate ventilation must be pro-vided in pump station buildings to pre-vent the accumulation of hazardous va-pors. Warning devices must be installedto warn of the presence of hazardousvapors in the pumping station building.

(b) The following must be provided ineach pump station:

(1) Safety devices that prevent over-pressuring of pumping equipment, in-cluding the auxiliary pumping equip-ment within the pumping station.

(2) A device for the emergency shut-down of each pumping station.

(3) If power is necessary to actuatethe safety devices, an auxiliary powersupply.

(c) Each safety device must be testedunder conditions approximating actualoperations and found to function prop-erly before the pumping station may beused.

(d) Except for offshore pipelines,pumping equipment must be installedon property that is under the control of


155


the operator and at least 15.2 m (50 ft)from the boundary of the pump station.

(e) Adequate fire protection must beinstalled at each pump station. If thefire protection system installed re-quires the use of pumps, motive powermust be provided for those pumps thatis separate from the power that oper-ates the station.


§ 195.264 Above ground breakouttanks.

For above ground breakout tanks—(a) A means must be provided for

containing hazardous liquids in theevent of spillage or tank failure.

(b) Tank areas must be adequatelyprotected against unauthorized entry.

(c) Normal and emergency reliefventing must be provided for eachtank.

§ 195.266 Construction records.A complete record that shows the fol-

lowing must be maintained by the op-erator involved for the life of eachpipeline facility:

(a) The total number of girth weldsand the number nondestructively test-ed, including the number rejected andthe disposition of each rejected weld.

(b) The amount, location; and coverof each size of pipe installed.

(c) The location of each crossing ofanother pipeline.

(d) The location of each buried util-ity crossing.

(e) The location of each overheadcrossing.

(f) The location of each valve andcorrosion test station.

[Amdt. 195–22, 46 FR 38360, July 27, 1981, asamended by Amdt. 195–34, 50 FR 34474, Aug.26, 1985]

Subpart E—Pressure Testing

§ 195.300 Scope.This subpart prescribes minimum re-

quirements for the pressure testing ofsteel pipelines. However, this subpartdoes not apply to the movement of pipeunder § 195.424.

[Amdt. 195–51, 59 FR 29384, June 7, 1994]

§ 195.302 General requirements.

(a) Except as otherwise provided inthis section and in § 195.304(b), no oper-ator may operate a pipeline unless ithas been pressure tested under thissubpart without leakage. In addition,no operator may return to service asegment of pipeline that has been re-placed, relocated, or otherwise changeduntil it has been pressure tested underthis subpart without leakage.

(b) Except for pipelines convertedunder § 195.5, the following pipelinesmay be operated without pressure test-ing under this subpart:

(1) Any hazardous liquid pipelinewhose maximum operating pressure isestablished under § 195.406(a)(5) thatis—

(i) An interstate pipeline constructedbefore January 8, 1971;

(ii) An interstate offshore gatheringline constructed before August 1, 1977;

(iii) An intrastate pipeline con-structed before October 21, 1985; or

(iv) A low-stress pipeline constructedbefore August 11, 1994 that transportsHVL.

(2) Any carbon dioxide pipeline con-structed before July 12, 1991, that—

(i) Has its maximum operating pres-sure established under § 195.406(a)(5); or

(ii) Is located in a rural area as partof a production field distribution sys-tem.

(3) Any low-stress pipeline con-structed before August 11, 1994 thatdoes not transport HVL.

(c) Except for onshore pipelines thattransport HVL, the following compli-ance deadlines apply to pipelines underparagraphs (b)(1) and (b)(2)(i) of thissection that have not been pressuretested under this subpart:

(1) Before December 7, 1997, for eachpipeline each operator shall—

(i) Plan and schedule testing accord-ing to this paragraph; or

(ii) Establish the pipeline’s maximumoperating pressure under § 195.406(a)(5).

(2) For pipelines scheduled for test-ing, each operator shall—

(i) Before December 7, 1999, pressuretest—

(A) Each pipeline identified by name,symbol, or otherwise that existingrecords show contains more than 50


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49 CFR Ch. I (10-1-96 Edition)§ 195.303

percent by mileage of electric resist-ance welded pipe manufactured before1970; and

(B) At least 50 percent of the mileageof all other pipelines; and

(ii) Before December 7, 2002, pressuretest the remainder of the pipeline mile-age.

[Amdt. 195–51, 59 FR 29384, June 7, 1994, asamended by Amdt. 195–53, 59 FR 35471, July12, 1994; Amdt. 195–51B, 61 FR 43027, Aug. 20,1996]

§ 195.303 Test pressure.

The test pressure for each pressuretest conducted under this subpart mustbe maintained throughout the part ofthe system being tested for at least 4continuous hours at a pressure equal to125 percent, or more, of the maximumoperating pressure and, in the case of apipeline that is not visually inspectedfor leakage during the test, for at leastan additional 4 continuous hours at apressure equal to 110 percent, or more,of the maximum operating pressure.

[Amdt. 195–51, 59 FR 29384, June 7, 1994]

§ 195.304 Testing of components.

(a) Each pressure test under § 195.302must test all pipe and attached fit-tings, including components, unlessotherwise permitted by paragraph (b)of this section.

(b) A component, other than pipe,that is the only item being replaced oradded to the pipeline system need notbe hydrostatically tested under para-graph (a) of this section if the manu-facturer certifies that either—

(1) The component washydrostatically tested at the factory;or

(2) The component was manufacturedunder a quality control system that en-sures each component is at least equalin strength to a prototype that washydrostatically tested at the factory.

[Amdt. 195–22, 46 FR 38360, July 27, 1981, asamended by Amdt. 195–51, 59 FR 29385, June7, 1994; Amdt. 195–52, 59 FR 33397, June 28,1994]

§ 195.306 Test medium.

(a) Except as provided in paragraphs(b), (c), and (d) of this section, watermust be used as the test medium.

(b) Except for offshore pipelines, liq-uid petroleum that does not vaporizerapidly may be used as the test me-dium if—

(1) The entire pipeline section undertest is outside of cities and other popu-lated areas;

(2) Each building within 300 feet ofthe test section is unoccupied while thetest pressure is equal to or greaterthan a pressure which produces a hoopstress of 50 percent of specified mini-mum yield strength;

(3) The test section is kept under sur-veillance by regular patrols during thetest; and

(4) Continuous communication ismaintained along entire test section.

(c) Carbon dioxide pipelines may useinert gas or carbon dioxide as the testmedium if—

(1) The entire pipeline section undertest is outside of cities and other popu-lated areas;

(2) Each building within 300 feet ofthe test section is unoccupied while thetest pressure is equal to or greaterthan a pressure that produces a hoopstress of 50 percent of specified mini-mum yield strength;

(3) The maximum hoop stress duringthe test does not exceed 80 percent ofspecified minimum yield strength;

(4) Continuous communication ismaintained along entire test section;and

(5) The pipe involved is new pipe hav-ing a longitudinal joint factor of 1.00.

(d) Air or inert gas may be used asthe test medium in low-stress pipe-lines.

[Amdt. 195–22, 46 FR 38360, July 27, 1991, asamended by Amdt. 195–45, 56 FR 26926, June12, 1991; Amdt. 195–51, 59 FR 29385, June 7,1994; Amdt. 195–53, 59 FR 35471, July 12, 1994;Amdt. 195–51A, 59 FR 41260, Aug. 11, 1994]

§ 195.308 Testing of tie-ins.Pipe associated with tie-ins must be

pressure tested, either with the sectionto be tied in or separately.

[Amdt. 195–22, 46 FR 38360, July 27, 1981, asamended by 195–51, 59 FR 29385, June 7, 1994]

§ 195.310 Records.(a) A record must be made of each

pressure test required by this subpart,and the record of the latest test must


157


be retained as long as the facility test-ed is in use.

(b) The record required by paragraph(a) of this section must include:

(1) The pressure recording charts;(2) Test instrument calibration data;(3) The name of the operator, the

name of the person responsible formaking the test, and the name of thetest company used, if any;

(4) The date and time of the test;(5) The minimum test pressure;(6) The test medium;(7) A description of the facility tested

and the test apparatus;(8) An explanation of any pressure

discontinuities, including test failures,that appear on the pressure recordingcharts; and

(9) Where elevation differences in thesection under test exceed 100 feet, aprofile of the pipeline that shows theelevation and test sites over the entirelength of the test section.

[Amdt. 195–34, 50 FR 34474, Aug. 26, 1985, asamended by Amdt. 195–51, 59 FR 29385, June7, 1994]

Subpart F—Operation andMaintenance

§ 195.400 Scope.This subpart prescribes minimum re-

quirements for operating and main-taining pipeline systems constructedwith steel pipe.

§ 195.401 General requirements.(a) No operator may operate or main-

tain its pipeline systems at a level ofsafety lower than that required by thissubpart and the procedures it is re-quired to establish under § 195.402(a) ofthis subpart.

(b) Whenever an operator discoversany condition that could adversely af-fect the safe operation of its pipelinesystem, it shall correct it within a rea-sonable time. However, if the conditionis of such a nature that it presents animmediate hazard to persons or prop-erty, the operator may not operate theaffected part of the system until it hascorrected the unsafe condition.

(c) Except as provided in § 195.5, nooperator may operate any part of anyof the following pipelines unless it wasdesigned and constructed as requiredby this part:

(1) An interstate pipeline, other thana low-stress pipeline, on which con-struction was begun after March 31,1970, that transports hazardous liquid.

(2) An interstate offshore gatheringline, other than a low-stress pipeline,on which construction was begun afterJuly 31, 1977, that transports hazardousliquid.

(3) An intrastate pipeline, other thana low-stress pipeline, on which con-struction was begun after October 20,1985, that transports hazardous liquid.

(4) A pipeline on which constructionwas begun after July 11, 1991, thattransports carbon dioxide.

(5) A low-stress pipeline on whichconstruction was begun after August10, 1994.

[Amdt. 195–22, 46 FR 38360, July 27, 1981, asamended by Amdt. 195–33, 50 FR 15899, Apr.23, 1985; Amdt. 195–33A, 50 FR 39008, Sept. 26,1985; Amdt. 195–36, 51 FR 15008, Apr. 22, 1986;Amdt. 195–45, 56 FR 26926, June 12, 1991;Amdt. 195–53, 59 FR 35471, July 12, 1994]

§ 195.402 Procedural manual for oper-ations, maintenance, and emer-gencies.

(a) General. Each operator shall pre-pare and follow for each pipeline sys-tem a manual of written procedures forconducting normal operations andmaintenance activities and handlingabnormal operations and emergencies.This manual shall be reviewed at inter-vals not exceeding 15 months, but atleast once each calendar year, and ap-propriate changes made as necessary toinsure that the manual is effective.This manual shall be prepared beforeinitial operations of a pipeline systemcommence, and appropriate parts shallbe kept at locations where operationsand maintenance activities are con-ducted.

(b) The Administrator or the StateAgency that has submitted a currentcertification under the pipeline safetylaws (49 U.S.C. 60101 et seq.) with re-spect to the pipeline facility governedby an operator’s plans and proceduresmay, after notice and opportunity forhearing as provided in 49 CFR 190.237 orthe relevant State procedures, requirethe operator to amend its plans andprocedures as necessary to provide areasonable level of safety.


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49 CFR Ch. I (10-1-96 Edition)§ 195.402

(c) Maintenance and normal operations.The manual required by paragraph (a)of this section must include proceduresfor the following to provide safety dur-ing maintenance and normal oper-ations:

(1) Making construction records,maps, and operating history availableas necessary for safe operation andmaintenance.

(2) Gathering of data needed for re-porting accidents under subpart B ofthis part in a timely and effective man-ner.

(3) Operating, maintaining, and re-pairing the pipeline system in accord-ance with each of the requirements ofthis subpart.

(4) Determining which pipeline facili-ties are located in areas that would re-quire an immediate response by the op-erator to prevent hazards to the publicif the facilities failed or malfunctioned.

(5) Analyzing pipeline accidents todetermine their causes.

(6) Minimizing the potential for haz-ards identified under paragraph (c)(4)of this section and the possibility of re-currence of accidents analyzed underparagraph (c)(5) of this section.

(7) Starting up and shutting downany part of the pipeline system in amanner designed to assure operationwithin the limits prescribed by§ 195.406, consider the hazardous liquidor carbon dioxide in transportation,variations in altitude along the pipe-line, and pressure monitoring and con-trol devices.

(8) In the case of a pipeline that isnot equipped to fail safe, monitoringfrom an attended location pipelinepressure during startup until steadystate pressure and flow conditions arereached and during shut-in to assureoperation within limits prescribed by§ 195.406.

(9) In the case of facilities notequipped to fail safe that are identifiedunder paragraph 195.402(c)(4) or thatcontrol receipt and delivery of the haz-ardous liquid or carbon dioxide, detect-ing abnormal operating conditions bymonitoring pressure, temperature, flowor other appropriate operational dataand transmitting this data to an at-tended location.

(10) Abandoning pipeline facilities,including safe disconnection from an

operating pipeline system, purging ofcombustibles, and sealing abandonedfacilities left in place to minimize safe-ty and environmental hazards.

(11) Minimizing the likelihood of ac-cidental ignition of vapors in areasnear facilities identified under para-graph (c)(4) of this section where thepotential exists for the presence offlammable liquids or gases.

(12) Establishing and maintaining li-aison with fire, police, and other appro-priate public officials to learn the re-sponsibility and resources of each gov-ernment organization that may re-spond to a hazardous liquid or carbondioxide pipeline emergency and ac-quaint the officials with the operator’sability in respondinq to a hazardousliquid or carbon dioxide pipeline emer-gency and means of communication.

(13) Periodically reviewing the workdone by operator personnel to deter-mine the effectiveness of the proce-dures used in normal operation andmaintenance and taking corrective ac-tion where deficiencies are found.

(14) Taking adequate precautions inexcavated trenches to protect person-nel from the hazards of unsafe accumu-lations of vapor or gas, and makingavailable when needed at the exca-vation, emergency rescue equipment,including a breathing apparatus and, arescue harness and line.

(d) Abnormal operation. The manualrequired by paragraph (a) of this sec-tion must include procedures for thefollowing to provide safety when oper-ating design limits have been exceeded:

(1) Responding to, investigating, andcorrecting the cause of:

(i) Unintended closure of valves orshutdowns;

(ii) Increase or decrease in pressureor flow rate outside normal operatinglimits;

(iii) Loss of communications;(iv) Operation of any safety device;(v) Any other malfunction of a com-

ponent, deviation from normal oper-ation, or personnel error which couldcause a hazard to persons or property.

(2) Checking variations from normaloperation after abnormal operation hasended at sufficient critical locations inthe system to determine continued in-tegrity and safe operation.


159


(3) Correcting variations from normaloperation of pressure and flow equip-ment and controls.

(4) Notifying responsible operatorpersonnel when notice of an abnormaloperation is received.

(5) Periodically reviewing the re-sponse of operator personnel to deter-mine the effectiveness of the proce-dures controlling abnormal operationand taking corrective action where de-ficiencies are found.

(e) Emergencies. The manual requiredby paragraph (a) of this section mustinclude procedures for the following toprovide safety when an emergency con-dition occurs:

(1) Receiving, identifying, andclassifying notices of events whichneed immediate response by the opera-tor or notice to fire, police, or otherappropriate public officials and com-municating this information to appro-priate operator personnel for correc-tive action.

(2) Prompt and effective response to anotice of each type emergency, includ-ing fire or explosion occurring near ordirectly involving a pipeline facility,accidental release of hazardous liquidor carbon dioxide from a pipeline facil-ity, operational failure causing a haz-ardous condition, and natural disasteraffecting pipeline facilities.

(3) Having personnel, equipment, in-struments, tools, and material avail-able as needed at the scene of an emer-gency.

(4) Taking necessary action, such asemergency shutdown or pressure reduc-tion, to minimize the volume of haz-ardous liquid or carbon dioxide that isreleased from any section of a pipelinesystem in the event of a failure.

(5) Control of released hazardous liq-uid or carbon dioxide at an accidentscene to minimize the hazards, includ-ing possible intentional ignition in thecases of flammable highly volatile liq-uid.

(6) Minimization of public exposureto injury and probability of accidentalignition by assisting with evacuationof residents and assisting with haltingtraffic on roads and railroads in the af-fected area, or taking other appro-priate action.

(7) Notifying fire, police, and otherappropriate public officials of hazard-

ous liquid or carbon dioxide pipelineemergencies and coordinating withthem preplanned and actual responsesduring an emergency, including addi-tional precautions necessary for anemergency involving a pipeline systemtransporting a highly volatile liquid.

(8) In the case of failure of a pipelinesystem transporting a highly volatileliquid, use of appropriate instrumentsto assess the extent and coverage ofthe vapor cloud and determine the haz-ardous areas.

(9) Providing for a post accident re-view of employee activities to deter-mine whether the procedures were ef-fective in each emergency and takingcorrective action where deficienciesare found.

(f) Safety-related condition reports. Themanual required by paragraph (a) ofthis section must include instructionsenabling personnel who perform oper-ation and maintenance activities torecognize conditions that potentiallymay be safety-related conditions thatare subject to the reporting require-ments of § 195.55.

[Amdt. 195–22, 46 FR 38360, July 27, 1981; 47FR 32721, July 29, 1982, as amended by Amdt.195–24, 47 FR 46852, Oct. 21, 1982; Amdt. 195–39,53 FR 24951, July 1, 1988; Amdt. 195–45, 56 FR26926, June 12, 1991; Amdt. 195–46, 56 FR 31090,July 9, 1991; Amdt. 195–49, 59 FR 6585, Feb. 11,1994; Amdt. 195–55, 61 FR 18518, Apr. 26, 1996]

§ 195.403 Training.

(a) Each operator shall establish andconduct a continuing training programto instruct operating and maintenancepersonnel to:

(1) Carry out the operating and main-tenance, and emergency procedures es-tablished under § 195.402 that relate totheir assignments;

(2) Know the characteristics and haz-ards of the hazardous liquids or carbondioxide transported, including, in thecase of flammable HVL, flammabilityof mixtures with air, odorless vapors,and water reactions;

(3) Recognize conditions that arelikely to cause emergencies, predictthe consequences of facility malfunc-tions or failures and hazardous liquidor carbon dioxide spills, and to take ap-propriate corrective action;


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49 CFR Ch. I (10-1-96 Edition)§ 195.404

(4) Take steps necessary to controlany accidental release of hazardous liq-uid or carbon dioxide and to minimizethe potential for fire, explosion, tox-icity, or environmental damage;

(5) Learn the proper use of firefight-ing procedures and equipment, firesuits, and breathing apparatus by uti-lizing, where feasible, a simulated pipe-line emergency condition; and

(6) In the case of maintenance per-sonnel, to safely repair facilities usingappropriate special precautions, suchas isolation and purging, when highlyvolatile liquids are involved.

(b) At intervals not exceeding 15months, but at least once each cal-endar year, each operator shall:

(1) Review with personnel their per-formance in meeting the objectives ofthe training program set forth in para-graph (a) of this section; and

(2) Make appropriate changes to thetraining program as necessary to in-sure that it is effective.

(c) Each operator shall require andverify that its supervisors maintain athorough knowledge of that portion ofthe procedures established under§ 195.402 for which they are responsibleto insure compliance.

[Amdt. 195–22, 46 FR 38360, July 27, 1981; 47FR 32721, July 29, 1982, as amended by Amdt.195–24, 47 FR 46852, Oct. 21, 1982; Amdt. 195–45,56 FR 26926, June 12, 1991]

§ 195.404 Maps and records.

(a) Each operator shall maintain cur-rent maps and records of its pipelinesystems that include at least the fol-lowing information:

(1) Location and identification of thefollowing pipeline facilities:

(i) Breakout tanks;(ii) Pump stations;(iii) Scraper and sphere facilities;(iv) Pipeline valves;(v) Cathodically protected facilities;(vi) Facilities to which § 195.402(c)(9)

applies;(vii) Rights-of-way; and(viii) Safety devices to which § 195.428

applies.(2) All crossings of public roads, rail-

roads, rivers, buried utilities, and for-eign pipelines.

(3) The maximum operating pressureof each pipeline.

(4) The diameter, grade, type, andnominal wall thickness of all pipe.

(b) Each operator shall maintain forat least 3 years daily operating recordsthat indicate—

(1) The discharge pressure at eachpump station; and

(2) Any emergency or abnormal oper-ation to which the procedures under§ 195.402 apply.

(c) Each operator shall maintain thefollowing records for the periods speci-fied:

(1) The date, location, and descrip-tion of each repair made to pipe shallbe maintained for the useful life of thepipe.

(2) The date, location, and descrip-tion of each repair made to parts of thepipeline system other than pipe shallbe maintained for at least 1 year.

(3) A record of each inspection andtest required by this subpart shall bemaintained for at least 2 years or untilthe next inspection or test is per-formed, whichever is longer.

[Amdt. 195–22, 46 FR 38360, July 27, 1981, asamended by Amdt. 195–34, 50 FR 34474, Aug.26, 1985]

§ 195.406 Maximum operating pres-sure.

(a) Except for surge pressures andother variations from normal oper-ations, no operator may operate a pipe-line at a pressure that exceeds any ofthe following:

(1) The internal design pressure ofthe pipe determined in accordance with§ 195.106. However, for steel pipe in pipe-lines being converted under § 195.5, ifone or more factors of the design for-mula (§ 195.106) are unknown, one of thefollowing pressures is to be used as de-sign pressure:

(i) Eighty percent of the first testpressure that produces yield under sec-tion N5.0 of appendix N of ASME B31.8,reduced by the appropriate factors in§§ 195.106 (a) and (e); or

(ii) If the pipe is 323.8 mm (123⁄4 in) orless outside diameter and is not testedto yield under this paragraph, 1379 kPa(200 psig).

(2) The design pressure of any othercomponent of the pipeline.

(3) Eighty percent of the test pres-sure for any part of the pipeline which


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has been pressure tested under subpartE of this part.

(4) Eighty percent of the factory testpressure or of the prototype test pres-sure for any individually installedcomponent which is excepted fromtesting under § 195.304.

(5) For pipelines under §§ 195.302(b)(1)and (b)(2)(i) that have not been pres-sure tested under subpart E of thispart, 80 percent of the test pressure orhighest operating pressure to whichthe pipeline was subjected for 4 or morecontinuous hours that can be dem-onstrated by recording charts or logsmade at the time the test or operationswere conducted.

(b) No operator may permit the pres-sure in a pipeline during surges orother variations from normal oper-ations to exceed 110 percent of the op-erating pressure limit establishedunder paragraph (a) of this section.Each operator must provide adequatecontrols and protective equipment tocontrol the pressure within this limit.

[Amdt. 195–22, 46 FR 38360, July 27, 1981, asamended by Amdt. 195–33, 50 FR 15899, Apr.23, 1985; 50 FR 38660, Sept. 24, 1985; Amdt. 195–51, 59 FR 29385, June 7, 1994; Amdt. 195–52, 59FR 33397, June 28, 1994]

§ 195.408 Communications.

(a) Each operator must have a com-munication system to provide for thetransmission of information needed forthe safe operation of its pipeline sys-tem.

(b) The communication system re-quired by paragraph (a) of this sectionmust, as a minimum, include meansfor:

(1) Monitoring operational data as re-quired by § 195.402(c)(9);

(2) Receiving notices from operatorpersonnel, the public, and public au-thorities of abnormal or emergencyconditions and sending this informa-tion to appropriate personnel or gov-ernment agencies for corrective action;

(3) Conducting two-way vocal com-munication between a control centerand the scene of abnormal operationsand emergencies; and

(4) Providing communication withfire, police, and other appropriate pub-lic officials during emergency condi-tions, including a natural disaster.

§ 195.410 Line markers.(a) Except as provided in paragraph

(b) of this section, each operator shallplace and maintain line markers overeach buried pipeline in accordance withthe following:

(1) Markers must be located at eachpublic road crossing, at each railroadcrossing, and in sufficient numberalong the remainder of each buried lineso that its location is accuratelyknown.

(2) The marker must state at leastthe following on a background ofsharply contrasting color:

(i) The word ‘‘Warning,’’ ‘‘Caution,’’or ‘‘Danger’’ followed by the words‘‘Petroleum (or the name of the hazard-ous liquid transported) Pipeline’’, or‘‘Carbon Dioxide Pipeline,’’ all ofwhich, except for markers in heavilydeveloped urban areas, must be in let-ters at least one inch high with an ap-proximate stroke of one-quarter inch.

(ii) The name of the operator and atelephone number (including area code)where the operator can be reached atall times.

(b) Line markers are not required forburied pipelines located—

(1) Offshore or at crossings of orunder waterways and other bodies ofwater; or

(2) In heavily developed urban areassuch as downtown business centerswhere—

(i) The placement of markers is im-practical and would not serve the pur-pose for which markers are intended;and

(ii) The local government maintainscurrent substructure records.

(c) Each operator shall provide linemarking at locations where the line isabove ground in areas that are acces-sible to the public.

[Amdt. 195–22, 46 FR 38360, July 27, 1981, asamended by Amdt. 195–27, 48 FR 25208, June6, 1983; Amdt. 195–54, 60 FR 14650, Mar. 20,1995]

§ 195.412 Inspection of rights-of-wayand crossings under navigable wa-ters.

(a) Each operator shall, at intervalsnot exceeding 3 weeks, but at least 26times each calendar year, inspect thesurface conditions on or adjacent toeach pipeline right-of-way. Methods of


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49 CFR Ch. I (10-1-96 Edition)§ 195.413

inspection include walking, driving,flying or other appropriate means oftraversing the right-of-way.

(b) Except for offshore pipelines, eachoperator shall, at intervals not exceed-ing 5 years, inspect each crossing undera navigable waterway to determine thecondition of the crossing.

[Amdt. 195–22, 46 FR 38360, July 27, 1981, asamended by Amdt. 195–24, 47 FR 46852, Oct.21, 1982; Amdt. 195–52, 59 FR 33397, June 28,1994]

§ 195.413 Underwater inspection andreburial of pipelines in the Gulf ofMexico and its inlets.

(a) Except for gathering lines of 114.3mm (41⁄2 in) nominal outside diameteror smaller, each operator shall, in ac-cordance with this section, conduct anunderwater inspection of its pipelinesin the Gulf of Mexico and its inlets.The inspection must be conducted afterOctober 3, 1989 and before November 16,1992.

(b) If, as a result of an inspectionunder paragraph (a) of this section, orupon notification by any person, an op-erator discovers that a pipeline it oper-ates is exposed on the seabed or con-stitutes a hazard to navigation, the op-erator shall—

(1) Promptly, but not later than 24hours after discovery, notify the Na-tional Response Center, telephone: 1–800–424–8802 of the location, and, ifavailable, the geographic coordinatesof that pipeline;

(2) Promptly, but not later than 7days after discovery, mark the locationof the pipeline in accordance with 33CFR part 64 at the ends of the pipelinesegment and at intervals of not over500 yards long, except that a pipelinesegment less than 200 yards long needonly be marked at the center; and

(3) Within 6 months after discovery,or not later than November 1 of the fol-lowing year if the 6 month period isafter November 1 of the year that thediscovery is made, place the pipeline sothat the top of the pipe is 36 inchesbelow the seabed for normal excavationor 18 inches for rock excavation.

[Amdt. 195–47, 56 FR 63771, Dec. 5, 1991, asamended by Amdt. 195–52, 59 FR 33396, June28, 1994]

§ 195.414 Cathodic protection.

(a) No operator may operate a haz-ardous liquid interstate pipeline afterMarch 31, 1973, a hazardous liquidintrastate pipeline after October 19,1988, or a carbon dioxide pipeline afterJuly 12, 1993 that has an effective ex-ternal surface coating material, unlessthat pipeline is cathodically protected.This paragraph does not apply tobreakout tank areas and buried pump-ing station piping. For the purposes ofthis subpart, a pipeline does not havean effective external coating, and shallbe considered bare, if its cathodic pro-tection current requirements are sub-stantially the same as if it were bare.

(b) Each operator shall electricallyinspect each bare hazardous liquidinterstate pipeline, other than a low-stress pipeline, before April 1, 1975;each bare hazardous liquid intrastatepipeline, other than a low-stress pipe-line, before October 20, 1990; each barecarbon dioxide pipeline before July 12,1994; and each bare low-stress pipelinebefore July 12, 1996 to determine anyareas in which active corrosion is tak-ing place. The operator may not in-crease its established operating pres-sure on a section of bare pipeline untilthe section has been so electrically in-spected. In any areas where active cor-rosion is found, the operator shall pro-vide cathodic protection. Section195.416(f) and (g) apply to all corrodedpipe that is found.

(c) Each operator shall electricallyinspect all breakout tank areas andburied pumping station piping on haz-ardous liquid interstate pipelines,other than low-stress pipelines, beforeApril 1, 1973; on hazardous liquid intra-state pipelines, other than low-stresspipelines, before October 20, 1988; oncarbon dioxide pipelines before July 12,1994; and on low-stress pipelines beforeJuly 12, 1996 as to the need for cathodicprotection, and cathodic protectionshall be provided where necessary.

[Amdt. 195–45, 56 FR 26926, June 12, 1991, asamended by Amdt. 195–53, 59 FR 35471, July12, 1994]

§ 195.416 External corrosion control.(a) Each operator shall, at intervals

not exceeding 15 months, but at leastonce each calendar year, conduct tests


163


on each buried, in contact with theground, or submerged pipeline facilityin its pipeline system that is under ca-thodic protection to determine whetherthe protection is adequate.

(b) Each operator shall maintain thetest leads required for cathodic protec-tion in such a condition that electricalmeasurements can be obtained to en-sure adequate protection.

(c) Each operator shall, at intervalsnot exceeding 21⁄2 months, but at leastsix times each calendar year, inspecteach of its cathodic protection rectifi-ers.

(d) Each operator shall, at intervalsnot exceeding 5 years, electrically in-spect the bare pipe in its pipeline sys-tem that is not cathodically protectedand must study leak records for thatpipe to determine if additional protec-tion is needed.

(e) Whenever any buried pipe is ex-posed for any reason, the operator shallexamine the pipe for evidence of exter-nal corrosion. If the operator finds thatthere is active corrosion, that the sur-face of the pipe is generally pitted, orthat corrosion has caused a leak, itshall investigate further to determinethe extent of the corrosion.

(f) Any pipe that is found to be gen-erally corroded so that the remainingwall thickness is less than the mini-mum thickness required by the pipespecification tolerances must either bereplaced with coated pipe that meetsthe requirements of this part or, if thearea is small, must be repaired. How-ever, the operator need not replacegenerally corroded pipe if the operat-ing pressure is reduced to be commen-surate with the limits on operatingpressure specified in this subpart,based on the actual remaining wallthickness.

(g) If localized corrosion pitting isfound to exist to a degree where leak-age might result, the pipe must be re-placed or repaired, or the operatingpressure must be reduced commensu-rate with the strength of the pipe basedon the actual remaining wall thicknessin the pits.

(h) The strength of the pipe, based onactual remaining wall thickness, forparagraphs (f) and (g) of this sectionmay be determined by the procedure inASME B31G manual for Determining

the Remaining Strength of CorrodedPipelines or by the procedure devel-oped by AGA/Battelle—A Modified Cri-terion for Evaluating the RemainingStrength of Corroded Pipe (withRSTRENG disk). Application of theprocedure in the ASME B31G manualor the AGA/Battelle Modified Criterionis applicable to corroded regions (notpenetrating the pipe wall) in existingsteel pipelines in accordance with limi-tations set out in the respective proce-dures.

(i) Each operator shall clean, coatwith material suitable for the preven-tion of atmospheric corrosion, and,maintain this protection for, each com-ponent in its pipeline system that isexposed to the atmosphere.

[Amdt. 195–22, 46 FR 38360, July 27, 1981, asamended by Amdt. 195–24, 47 FR 46852, Oct.21, 1982; Amdt. 195–31, 49 FR 36384, Sept. 17,1984; Amdt. 195–52, 59 FR 33397, June 28, 1994]

§ 195.418 Internal corrosion control.

(a) No operator may transport anyhazardous liquid or carbon dioxide thatwould corrode the pipe or other compo-nents of its pipeline system, unless ithas investigated the corrosive effect ofthe hazardous liquid or carbon dioxideon the system and has taken adequatesteps to mitigate corrosion.

(b) If corrosion inhibitors are used tomitigate internal corrosion the opera-tor shall use inhibitors in sufficientquantity to protect the entire part ofthe system that the inhibitors are de-signed to protect and shall also usecoupons or other monitoring equip-ment to determine their effectiveness.

(c) The operator shall, at intervalsnot exceeding 71⁄2 months, but at leasttwice each calendar year, examine cou-pons or other types of monitoringequipment to determine the effective-ness of the inhibitors or the extent ofany corrosion.

(d) Whenever any pipe is removedfrom the pipeline for any reason, theoperator must inspect the internal sur-face for evidence of corrosion. If thepipe is generally corroded such thatthe remaining wall thickness is lessthan the minimum thickness requiredby the pipe specification tolerances,the operator shall investigate adjacent


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49 CFR Ch. I (10-1-96 Edition)§ 195.420

pipe to determine the extent of the cor-rosion. The corroded pipe must be re-placed with pipe that meets the re-quirements of this part or, based on theactual remaining wall thickness, theoperating pressure must be reduced tobe commensurate with the limits onoperating pressure specified in thissubpart.

[Amdt. 195–22, 46 FR 38360, July 27, 1981, asamended by Amdt. 195–20B, 46 FR 38922, July30, 1981; Amdt. 195–24, 47 FR 46852, Oct. 21,1982; Amdt. 195–45, 56 FR 26927, June 12, 1991]

§ 195.420 Valve maintenance.(a) Each operator shall maintain

each valve that is necessary for thesafe operation of its pipeline systemsin good working order at all times.

(b) Each operator shall, at intervalsnot exceeding 71⁄2 months, but at leasttwice each calendar year, inspect eachmainline valve to determine that it isfunctioning properly.

(c) Each operator shall provide pro-tection for each valve from unauthor-ized operation and from vandalism.

[Amdt. 195–22, 46 FR 38360, July 27, 1981; 47FR 32721, July 29, 1982, as amended by Amdt.195–24, 47 FR 46852, Oct. 21, 1982]

§ 195.422 Pipeline repairs.(a) Each operator shall, in repairing

its pipeline systems, insure that the re-pairs are made in a safe manner andare made so as to prevent damage topersons or property.

(b) No operator may use any pipe,valve, or fitting, for replacement in re-pairing pipeline facilities, unless it isdesigned and constructed as requiredby this part.

§ 195.424 Pipe movement.(a) No operator may move any line

pipe, unless the pressure in the linesection involved is reduced to not morethan 50 percent of the maximum oper-ating pressure.

(b) No operator may move any pipe-line containing highly volatile liquidswhere materials in the line section in-volved are joined by welding unless—

(1) Movement when the pipeline doesnot contain highly volatile liquids isimpractical;

(2) The procedures of the operatorunder § 195.402 contain precautions toprotect the public against the hazard

in moving pipelines containing highlyvolatile liquids, including the use ofwarnings, where necessary, to evacuatethe area close to the pipeline; and

(3) The pressure in that line sectionis reduced to the lower of the follow-ing:

(i) Fifty percent or less of the maxi-mum operating pressure; or

(ii) The lowest practical level thatwill maintain the highly volatile liquidin a liquid state with continuous flow,but not less than 50 p.s.i.g. above thevapor pressure of the commodity.

(c) No operator may move any pipe-line containing highly volatile liquidswhere materials in the line section in-volved are not joined by welding un-less—

(1) The operator complies with para-graphs (b) (1) and (2) of this section;and

(2) That line section is isolated toprevent the flow of highly volatile liq-uid.


§ 195.426 Scraper and sphere facilities.

No operator may use a launcher orreceiver that is not equipped with a re-lief device capable of safely relievingpressure in the barrel before insertionor removal of scrapers or spheres. Theoperator must use a suitable device toindicate that pressure has been re-lieved in the barrel or must provide ameans to prevent insertion or removalof scrapers or spheres if pressure hasnot been relieved in the barrel.


§ 195.428 Overpressure safety devices.

(a) Except as provided in paragraph(b) of this section, each operator shall,at intervals not exceeding 15 months,but at least once each calendar year, orin the case of pipelines used to carryhighly volatile liquids, at intervals notto exceed 71⁄2 months, but at least twiceeach calendar year, inspect and testeach pressure limiting device, reliefvalve, pressure regulator, or other itemof pressure control equipment to deter-mine that it is functioning properly, isin good mechanical condition, and is


165


adequate from the standpoint of capac-ity and reliability of operation for theservice in which it is used.

(b) In the case of relief valves onpressure breakout tanks containinghighly volatile liquids, each operatorshall test each valve at intervals notexceeding 5 years.

[Amdt. 195–22, 46 FR 38360, July 27, 1981, asamended by Amdt. 195–24, 47 FR 46852, Oct.21, 1982]

§ 195.430 Firefighting equipment.

Each operator shall maintain ade-quate firefighting equipment at eachpump station and breakout tank area.The equipment must be—

(a) In proper operating condition atall times;

(b) Plainly marked so that its iden-tity as firefighting equipment is clear;and

(c) Located so that it is easily acces-sible during a fire.

§ 195.432 Breakout tanks.

Each operator shall, at intervals notexceeding 15 months, but at least onceeach calendar year, inspect each break-out tank (including atmospheric andpressure tanks).

[Amdt. 195–24, 47 FR 46852, Oct. 21, 1982]

§ 195.434 Signs.

Each operator shall maintain signsvisible to the public around each pump-ing station and breakout tank area.Each sign must contain the name ofthe operator and an emergency tele-phone number to contact.

§ 195.436 Security of facilities.

Each operator shall provide protec-tion for each pumping station andbreakout tank area and other exposedfacility (such as scraper traps) fromvandalism and unauthorized entry.

§ 195.438 Smoking or open flames.

Each operator shall prohibit smokingand open flames in each pump stationarea and each breakout tank areawhere there is a possibility of the leak-age of a flammable hazardous liquid orof the presence of flammable vapors.

§ 195.440 Public education.

Each operator shall establish a con-tinuing educational program to enablethe public, appropriate government or-ganizations and persons engaged in ex-cavation-related activities to recognizea hazardous liquid or a carbon dioxidepipeline emergency and to report it tothe operator or the fire, police, orother appropriate public officials. Theprogram must be conducted in Englishand in other languages commonly un-derstood by a significant number andconcentration of non-English speakingpopulation in the operator’s operatingareas.

[Amdt. 195–45, 56 FR 26927, June 12, 1991]

§ 195.442 Damage prevention program.

(a) After September 20, 1995, and ex-cept for pipelines listed in paragraph(c) of this section, each operator of aburied pipeline shall carry out in ac-cordance with this section a writtenprogram to prevent damage to thatpipeline by excavation activities. Forthe purpose of this section, ‘‘exca-vation activities’’ include excavation,blasting, boring, tunneling, backfilling,the removal of above ground structuresby either explosive or mechanicalmeans, and other earth moving oper-ations. An operator may comply withany of the requirements of paragraph(b) of this section through participa-tion in a public service program, suchas a one-call system, but such partici-pation does not relieve the operator ofresponsibility for compliance with thissection.

(b) The damage prevention programrequired by paragraph (a) of this sec-tion must, at a minimum:

(1) Include the identity, on a currentbasis, of persons who normally engagein excavation activities in the area inwhich the pipeline is located.

(2) Provide for notification of thepublic in the vicinity of the pipelineand actual notification of the personsidentified in paragraph (b)(1) of thissection of the following, as often asneeded to make them aware of thedamage prevention program:

(i) The program’s existence and pur-pose; and


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49 CFR Ch. I (10-1-96 Edition)Pt. 195, App. A

(ii) How to learn the location of un-derground pipelines before excavationactivities are begun.

(3) Provide a means of receiving andrecording notification of planned exca-vation activities.

(4) If the operator has buried pipe-lines in the area of excavation activity,provide for actual notification of per-sons who give notice of their intent toexcavate of the type of temporarymarking to be provided and how toidentify the markings.

(5) Provide for temporary marking ofburied pipelines in the area of exca-vation activity before, as far as prac-tical, the activity begins.

(6) Provide as follows for inspectionof pipelines that an operator has rea-son to believe could be damaged by ex-cavation activities:

(i) The inspection must be done asfrequently as necessary during andafter the activities to verify the integ-rity of the pipeline; and

(ii) In the case of blasting, any in-spection must include leakage surveys.

(c) A damage prevention programunder this section is not required forthe following pipelines:

(1) Pipelines located offshore.(2) Pipelines to which access is phys-

ically controlled by the operator.

[Amdt. 195–54, 60 FR 14651, Mar. 20, 1995]

APPENDIX A TO PART 195—DELINEATIONBETWEEN FEDERAL AND STATE JU-RISDICTION—STATEMENT OF AGENCYPOLICY AND INTERPRETATION

In 1979, Congress enacted comprehensivesafety legislation governing the transpor-tation of hazardous liquids by pipeline, theHazardous Liquids Pipeline Safety Act of1979, 49 U.S.C. 2001 et seq. (HLPSA). TheHLPSA expanded the existing statutory au-thority for safety regulation, which was lim-ited to transportation by common carriers ininterstate and foreign commerce, to trans-portation through facilities used in or affect-ing interstate or foreign commerce. It alsoadded civil penalty, compliance order, andinjunctive enforcement authorities to theexisting criminal sanctions. Modeled largelyon the Natural Gas Pipeline Safety Act of1968, 49 U.S.C. 1671 et seq. (NGPSA), theHLPSA provides for a national hazardousliquid pipeline safety program with nation-ally uniform minimal standards and with en-forcement administered through a Federal-State partnership. The HLPSA leaves to ex-clusive Federal regulation and enforcement

the ‘‘interstate pipeline facilities,’’ thoseused for the pipeline transportation of haz-ardous liquids in interstate or foreign com-merce. For the remainder of the pipeline fa-cilities, denominated ‘‘intrastate pipeline fa-cilities,’’ the HLPSA provides that the sameFederal regulation and enforcement willapply unless a State certifies that it will as-sume those responsibilities. A certified Statemust adopt the same minimal standards butmay adopt additional more stringent stand-ards so long as they are compatible. There-fore, in States which participate in the haz-ardous liquid pipeline safety programthrough certification, it is necessary to dis-tinguish the interstate from the intrastatepipeline facilities.

In deciding that an administratively prac-tical approach was necessary in distinguish-ing between interstate and intrastate liquidpipeline facilities and in determining howbest to accomplish this, DOT has logicallyexamined the approach used in the NGPSA.The NGPSA defines the interstate gas pipe-line facilities subject to exclusive Federal ju-risdiction as those subject to the economicregulatory jurisdiction of the Federal En-ergy Regulatory Commission (FERC). Expe-rience has proven this approach practical.Unlike the NGPSA however, the HLPSA hasno specific reference to FERC jurisdiction,but instead defines interstate liquid pipelinefacilities by the more commonly used meansof specifying the end points of the transpor-tation involved. For example, the economicregulatory jurisdiction of FERC over thetransportation of both gas and liquids bypipeline is defined in much the same way. Inimplementing the HLPSA DOT has sought apracticable means of distinguishing betweeninterstate and intrastate pipeline facilitiesthat provide the requisite degree of certaintyto Federal and State enforcement personneland to the regulated entities. DOT intendsthat this statement of agency policy and in-terpretation provide that certainty.

In 1981, DOT decided that the inventory ofliquid pipeline facilities identified as subjectto the jurisdiction of FERC approximatesthe HLPSA category of ‘‘interstate pipelinefacilities.’’ Administrative use of the FERCinventory has the added benefit of avoidingthe creation of a separate Federal scheme fordetermination of jurisdiction over the sameregulated entities. DOT recognizes that theFERC inventory is only an approximationand may not be totally satisfactory withoutsome modification. The difficulties stemfrom some significant differences in the eco-nomic regulation of liquid and of natural gaspipelines. There is an affirmative assertionof jurisdiction by FERC over natural gaspipelines through the issuance of certificatesof public convenience and necessity prior tocommencing operations. With liquid pipe-lines, there is only a rebuttable presumption


167

Research and Special Programs Administration, DOT Pt. 195, App. A

of jurisdiction created by the filing by pipe-line operators of tariffs (or concurrences) formovement of liquids through existing facili-ties. Although FERC does police the filingsfor such matters as compliance with the gen-eral duties of common carriers, the questionof jurisdiction is normally only aired uponcomplaint. While any person, includingState or Federal agencies, can avail them-selves of the FERC forum by use of the com-plaint process, that process has only beenrarely used to review jurisdictional matters(probably because of the infrequency of realdisputes on the issue). Where the issue hasarisen, the reviewing body has noted theneed to examine various criteria primarily ofan economic nature. DOT believes that, inmost cases, the formal FERC forum can bet-ter receive and evaluate the type of informa-tion that is needed to make decisions of thisnature than can DOT.

In delineating which liquid pipeline facili-ties are interstate pipeline facilities withinthe meaning of the HLPSA, DOT will gen-erally rely on the FERC filings; that is, ifthere is a tariff or concurrence filed withFERC governing the transportation of haz-ardous liquids over a pipeline facility or ifthere has been an exemption from the obliga-tion to file tariffs obtained from FERC, thenDOT will, as a general rule, consider the fa-cility to be an interstate pipeline facilitywithin the meaning of the HLPSA. The typesof situations in which DOT will ignore theexistence or non-existence of a filing withFERC will be limited to those cases in whichit appears obvious that a complaint filedwith FERC would be successful or in whichblind reliance on a FERC filing would resultin a situation clearly not intended by theHLPSA such as a pipeline facility not beingsubject to either State or Federal safety reg-ulation. DOT anticipates that the situationsin which there is any question about the va-lidity of the FERC filings as a ready ref-erence will be few and that the actual vari-ations from reliance on those filings will berare. The following examples indicate thetypes of facilities which DOT believes areinterstate pipeline facilities subject to theHLPSA despite the lack of a filing withFERC and the types of facilities over whichDOT will generally defer to the jurisdictionof a certifying state despite the existence ofa filing with FERC.

Example 1. Pipeline company P operates apipeline from ‘‘Point A’’ located in State Xto ‘‘Point B’’ (also in X). The physical facili-ties never cross a state line and do not con-nect with any other pipeline which doescross a state line. Pipeline company P alsooperates another pipeline between ‘‘Point C’’in State X and ‘‘Point D’’ in an adjoiningState Y. Pipeline company P files a tariffwith FERC for transportation from ‘‘PointA’’ to ‘‘Point B’’ as well as for transpor-tation from ‘‘Point C’’ to ‘‘Point D.’’ DOT

will ignore filing for the line from ‘‘Point A’’to ‘‘Point B’’ and consider the line to beintrastate.

Example 2. Same as in example 1 exceptthat P does not file any tariffs with FERC.DOT will assume jurisdiction of the line be-tween ‘‘Point C’’ and ‘‘Point D.’’

Example 3. Same as in example 1 exceptthat P files its tariff for the line between‘‘Point C’’ and ‘‘Point D’’ not only withFERC but also with State X. DOT will relyon the FERC filing as indication of inter-state commerce.

Example 4. Same as in example 1 exceptthat the pipeline from ‘‘Point A’’ to ‘‘PointB’’ (in State X) connects with a pipeline op-erated by another company transports liquidbetween ‘‘Point B’’ (in State X) and ‘‘PointD’’ (in State Y). DOT will rely on the FERCfiling as indication of interstate commerce.

Example 5. Same as in example 1 exceptthat the line between ‘‘Point C’’ and ‘‘PointD’’ has a lateral line connected to it. Thelateral is located entirely with State X. DOTwill rely on the existence or non-existence ofa FERC filing covering transportation overthat lateral as determinative of interstatecommerce.

Example 6. Same as in example 1 exceptthat the certified agency in State X hasbrought an enforcement action (under thepipeline safety laws) against P because of itsoperation of the line between ‘‘Point A’’ and‘‘Point B’’. P has successfully defendedagainst the action on jurisdictional grounds.DOT will assume jurisdiction if necessary toavoid the anomaly of a pipeline subject toneither State or Federal safety enforcement.DOT’s assertion of jurisdiction in such a casewould be based on the gap in the state’s en-forcement authority rather than a DOT deci-sion that the pipeline is an interstate pipe-line facility.

Example 7. Pipeline Company P operates apipeline that originates on the Outer Con-tinental Shelf. P does not file any tariff forthat line with FERC. DOT will consider thepipeline to be an interstate pipeline facility.

Example 8. Pipeline Company P is con-structing a pipeline from ‘‘Point C’’ (in StateX) to ‘‘Point D’’ (in State Y). DOT will con-sider the pipeline to be an interstate pipelinefacility.

Example 9. Pipeline company P is con-structing a pipeline from ‘‘Point C’’ to‘‘Point E’’ (both in State X) but intends tofile tariffs with FERC in the transportationof hazardous liquid in interstate commerce.Assuming there is some connection to aninterstate pipeline facility, DOT will con-sider this line to be an interstate pipeline fa-cility.

Example 10. Pipeline Company P has oper-ated a pipeline subject to FERC economicregulation. Solely because of some statutoryeconomic deregulation, that pipeline is no


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49 CFR Ch. I (10-1-96 Edition)§ 198.1

longer regulated by FERC. DOT will con-tinue to consider that pipeline to be aninterstate pipeline facility.

As seen from the examples, the types ofsituations in which DOT will not defer to theFERC regulatory scheme are generally clear-cut cases. For the remainder of the situa-tions where variation from the FERC schemewould require DOT to replicate the forum al-ready provided by FERC and to consider eco-nomic factors better left to that agency,DOT will decline to vary its reliance on theFERC filings unless, of course, not doing sowould result in situations clearly not in-tended by the HLPSA.

[Amdt. 195–33, 50 FR 15899, Apr. 23, 1985]

PARTS 196–197—[RESERVED]

PART 198—REGULATIONS FORGRANTS TO AID STATE PIPELINESAFETY PROGRAMS

Subpart A—General

Sec.198.1 Scope.198.3 Definitions.

Subpart B—Grant Allocation

198.11 Grant authority.198.13 Grant allocation formula.

Subpart C—Adoption of One-Call DamagePrevention Program

198.31 Scope.198.33 [Reserved]198.35 Grants conditioned on adoption of

one-call damage prevention program.198.37 State one-call damage prevention

program.198.39 Qualifications for operation of one-

call notification system.

AUTHORITY: 49 U.S.C. 60105, 60106, 60114; and49 CFR 1.53.

SOURCE: 55 FR 38691, Sept. 20, 1990, unlessotherwise noted.

Subpart A—General

§ 198.1 Scope.This part prescribes regulations gov-

erning grants-in-aid for State pipelinesafety compliance programs.

§ 198.3 Definitions.As used in this part:Adopt means establish under State

law by statute, regulation, license, cer-

tification, order, or any combination ofthese legal means.

Excavation activity means an exca-vation activity defined in § 192.614(a) ofthis chapter, other than a specific ac-tivity the State determines would notbe expected to cause physical damageto underground facilities.

Excavator means any person intend-ing to engage in an excavation activ-ity.

One-call notification system means acommunication system that qualifiesunder this part and the one-call dam-age prevention program of the Stateconcerned in which an operational cen-ter receives notices from excavators ofintended excavation activities andtransmits the notices to operators ofunderground pipeline facilities andother underground facilities that par-ticipate in the system.

Person means any individual, firm,joint venture, partnership, corporation,association, state, municipality, coop-erative association, or joint stock asso-ciation, and including any trustee, re-ceiver, assignee, or personal represent-ative thereof.

Underground pipeline facilities meansburied pipeline facilities used in thetransportation of gas or hazardous liq-uid subject to the pipeline safety laws(49 U.S.C. 60101 et seq.).

Secretary means the Secretary ofTransportation or any person to whomthe Secretary of Transportation hasdelegated authority in the matter con-cerned.

Seeking to adopt means actively andeffectively proceeding toward adoption.

State means each of the severalStates, the District of Columbia, andthe Commonwealth of Puerto Rico.

[55 FR 38691, Sept. 20, 1990, as amended byAmdt. 198–2, 61 FR 18518, Apr. 26, 1996]

Subpart B—Grant Allocation

SOURCE: Amdt. 198–1, 58 FR 10988, Feb. 23,1993, unless otherwise noted.

§ 198.11 Grant authority.

The pipeline safety laws (49 U.S.C.60101 et seq.) authorize the Adminis-trator to pay out funds appropriated or


hazardous liquids by pipeline - gpo

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