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Pipeline Safety 49 CFR Parts 186-199 Including: Operator Qualification Protocols Operator Qualification FAQs

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199.100 Drug And Alcohol Testing 199.100 199.100

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Recent changes in regulations: September 25, 2013 (Federal Register Volume 78, No. 186)

[RIN 2137-AE92]

Parts190, 192, 193, 195, and 199 have been amended to update the administrative civil penalty maximums for violation of the safety standards to reflect current law, to update the informal hearing and adjudication process for pipeline enforcement matters to reflect current law, and to make other technical corrections and updates to certain administrative procedures. The amendments do not impose any new operating, maintenance, or other substantive requirements on pipeline owners or operators.

TOC Table of Contents

Table of Contents Part 190

Part 191

Part 192

Part 193

Pipeline Safety Programs And Rulemaking Procedures

Part 194 1

Transportation Of Natural And Other Gas By Pipeline; Annual Reports, Incident Reports, And Safety-Related Condition Reports 13 Transportation Of Natural And Other Gas By Pipeline: Minimum Federal Safety Standards Liquefied Natural Gas Facilities: Federal Safety Standards

Part 195

Part 198

Part 199 17

Response Plans For Onshore Oil Pipelines

Transportation Of Hazardous Liquids By Pipeline

Regulations For Grants To Aid State Pipeline Safety Programs

125

Drug And Alcohol Testing 127

Addendum

135

Index

143

TOC

Notes

TOC

Part 190 – Pipeline Safety Programs And Rulemaking Procedures

Part 190 – Pipeline Safety Programs And Rulemaking Procedures  Authority: 33 U.S.C. 1321(b); 49 U.S.C. 60101 et seq.; 49 CFR 1.96.

§190.3

Definitions.

As used in this part: [§190.3] Administrator means the Administrator, Pipeline and Hazardous Materials Safety Administration or his or her delegate.[§190.3]

Source: 45 FR 20413, Mar. 27, 1980, unless otherwise noted. Editorial Note: Nomenclature changes to part 190 appear at 78 FR 58908, Sept. 25, 2013.

Subpart A – General

§190.1 §190.3 §190.5 §190.7 §190.9 §190.11

1 1 1 1 2 2

Purpose and scope. Definitions. Service. Subpoenas; witness fees. Petitions for finding or approval. Availability of informal guidance and interpretive assistance.

§190.7 (c)

 Associate Administrator means the Associate Administrator for Pipeline Safety, or his or her delegate.[§190.3]

 Chief Counsel means the Chief Counsel of PHMSA.[§190.3]  Day means a 24-hour period ending at 11:59 p.m. Unless otherwise specified, a day refers to a calendar day.[§190.3] Hearing means an informal conference or a proceeding for oral presentation. Unless otherwise specifically prescribed in this part, the use of “hearing” is not intended to require a hearing on the record in accordance with section 554 of title 5, U.S.C.[§190.3]

Subpart B – Enforcement

§190.201 Purpose and scope. §190.203 Inspections and investigations. §190.205 Warning letters. §190.206 Amendment of plans or procedures. §190.207 Notice of probable violation. §190.208 Response options. §190.209 Case file. §190.210 Separation of functions. §190.211 Hearing. §190.212 Presiding official, powers, and duties. §190.213 Final order. §190.215 [Reserved] Compliance Orders §190.217 Compliance orders generally. §190.219 Consent order. Civil Penalties §190.221 Civil penalties generally. §190.223 Maximum penalties. §190.225 Assessment considerations. §190.227 Payment of penalty. §190.229 [Reserved] §190.231 [Reserved] Specific Relief §190.233 Corrective action orders. §190.235 Civil actions generally. §190.237 [Reserved] §190.239 Safety orders. §190.241 Finality. §190.243 Petitions for reconsideration.

2 2 3 3 3 3 4 4 4 4 5 5 5 5 5 5 5 5 5 5 5 5 5 5 6 6 6 8 8

 Respondent means a person upon whom OPS has served an enforcement action described in this part.[§190.3] PHMSA means the Pipeline and Hazardous Materials Safety Administration of the United States Department of Transportation.

Subpart C – Criminal Enforcement

[§190.3]

§190.291 §190.293

8 8

State means a State of the United States, the District of Columbia and the Commonwealth of Puerto Rico.[§190.3]

Subpart D – Procedures for Adoption of Rules §190.301 §190.303 §190.305 §190.307 §190.309 §190.311 §190.313 §190.315 §190.317 §190.319 §190.321 §190.323 §190.325 §190.327 §190.329 §190.331 §190.333 §190.335 §190.337 §190.338 §190.339 §190.341

Scope. Delegations. Regulatory dockets. Records. Where to file petitions. General. Initiation of rulemaking. Contents of notices of proposed rulemaking. Participation by interested persons. Petitions for extension of time to comment. Contents of written comments. Consideration of comments received. Additional rulemaking proceedings. Hearings. Adoption of final rules. Petitions for rulemaking. Processing of petition. Petitions for reconsideration. Proceedings on petitions for reconsideration. Appeals. Direct final rulemaking. Special permits.

8 8 8 8 8 9 9 9 9 9 9 9 9 9 9 9 9 10 10 10 10 10 10

Subpart A – General §190.1 (a)

Purpose and scope.

 This part prescribes procedures

used by the Pipeline and Hazardous Materials Safety Administration in carrying out duties regarding pipeline safety under 49 U.S.C. 60101 et seq. (the pipeline safety laws) and 33 U.S.C. 1321 (the water pollution control laws).[§190.1(a)] (b) This subpart defines certain terms and prescribes procedures that are applicable to each proceeding described in this part. [§190.1(b)] [45 FR 20413, Mar. 27, 1980, as amended by Amdt. 190-6, 61 FR 18512, Apr. 26, 1996; 70 FR 11137, Mar. 8, 2005; Amdt. 190-16, 78 FR 58908, Sept. 25, 2013]

The  denotes information updated in the last year.

OPS means the Office of Pipeline Safety, which is part of the Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation.[§190.3] Person means any individual, firm, joint venture, partnership, corporation, association, State, municipality, cooperative association, or joint stock association, and includes any trustee, receiver, assignee, or personal representative thereof.[§190.3]

 Presiding Official means the person who conducts any hearing relating to civil penalty assessments, compliance orders, orders directing amendment, safety orders, or corrective action orders and who has the duties and powers set forth in §190.212.[§190.3] Regional Director means the head of any one of the Regional Offices of the Office of Pipeline Safety, or a designee appointed by the Regional Director. Regional Offices are located in Trenton, NJ (Eastern Region); Atlanta, Georgia (Southern Region); Kansas City, Missouri (Central Region); Houston, Texas (Southwest Region); and Lakewood, Colorado (Western Region).[§190.3]

[Amdt. 190-6, 61 FR 18513, Apr. 26, 1996, as amended at 68 FR 11749, Mar. 12, 2003; 70 FR 11137, Mar. 8, 2005; Amdt. 190-15, 74 FR 62505, Nov. 30, 2009; Amdt. 190-16, 78 FR 58908, Sept. 25, 2013]

§190.5 (a)

Service.

 Each order, notice, or other document required to be served

under this part will be served personally, by certified mail, overnight courier, or electronic transmission by facsimile or other electronic means that includes reliable acknowledgement of actual receipt.[§190.5(a)] (b) Service upon a person's duly authorized representative or agent constitutes service upon that person.[§190.5(b)] (c)  Service by certified mail or overnight courier is complete upon mailing. Service by electronic transmission is complete upon transmission and acknowledgement of receipt. An official receipt for the mailing from the U.S. Postal Service or overnight courier, or a facsimile or other electronic transmission confirmation, constitutes prima facie evidence of service.[§190.5(c)] [45 FR 20413, Mar. 27, 1980, as amended at 73 FR 16567, Mar. 28, 2008; Amdt. 190-16, 78 FR 58909, Sept. 25, 2013]

§190.7 (a)

Subpoenas; witness fees.

 The Administrator, Chief Counsel, or the official designated

by the Administrator to preside over a hearing convened in accordance with this part, may sign and issue subpoenas individually on his or her own initiative at any time, including pursuant to an inspection or investigation, or upon request and adequate showing by a participant to an enforcement proceeding that the information sought will materially advance the proceeding.[§190.7(a)] (b) A subpoena may require the attendance of a witness, or the production of documentary or other tangible evidence in the possession or under the control of person served, or both.[§190.7(b)] (c)  A subpoena may be served personally by any person who is not an interested person and is not less than 18 years of age, or by certified mail.[§190.7(c)]

190 Pipeline Safety Programs And Rulemaking Procedures

Criminal penalties generally. Referral for prosecution.

 Operator means any owner or operator.[§190.3]

§190.9

Part 190 – Pipeline Safety Programs And Rulemaking Procedures

(d)  Service of a subpoena upon the person named in the subpoena is achieved by delivering a copy of the subpoena to the person and by paying the fees for one day's attendance and mileage, as specified by paragraph (g) of this section. When a subpoena is issued at the instance of any officer or agency of the United States, fees and mileage need not be tendered at the time of service. Delivery of a copy of a subpoena and tender of the fees to a natural person may be made by handing them to the person, leaving them at the person's office with a person in charge, leaving them at the person's residence with a person of suitable age and discretion residing there, by mailing them by certified mail to the person at the last known address, or by any method whereby actual notice is given to the person and the fees are made available prior to the return date.[§190.7(d)] (e)  When the person to be served is not a natural person, delivery of a copy of the subpoena and tender of the fees may be achieved by handing them to a designated agent or representative for service, or to any officer, director, or agent in charge of any office of the person, or by mailing them by certified mail to that agent or representative and the fees are made available prior to the return date.[§190.7(e)] (f) The original subpoena bearing a certificate of service shall be filed with the official having responsibility for the proceeding in connection with which the subpoena was issued.[§190.7(f)] (g) A subpoenaed witness shall be paid the same fees and mileage as would be paid to a witness in a proceeding in the district courts of the United States. The witness fees and mileage shall be paid by the person at whose instance the subpoena was issued. [§190.7(g)]

(h) Notwithstanding the provisions of paragraph (g) of this section, and upon request, the witness fees and mileage may be paid by the PHMSA if the official who issued the subpoena determines on the basis of good cause shown, that:[§190.7(h)] (1) The presence of the subpoenaed witness will materially advance the proceeding; and[§190.7(h)(1)] (2) The person at whose instance the subpoena was issued would suffer a serious hardship if required to pay the witness fees and mileage.[§190.7(h)(2)] (i)  Any person to whom a subpoena is directed may, prior to the time specified therein for compliance, but in no event more than 10 days after the date of service of such subpoena, apply to the official who issued the subpoena, or if the person is unavailable, to the Administrator to quash or modify the subpoena. The application shall contain a brief statement of the reasons relied upon in support of the action sought therein. The Administrator, or this issuing official, as the case may be, may:[§190.7(i)] (1) Deny the application;[§190.7(i)(1)] (2) Quash or modify the subpoena; or[§190.7(i)(2)] (3) Condition a grant or denial of the application to quash or modify the subpoena upon the satisfaction of certain just and reasonable requirements. The denial may be summary.[§190.7(i)(3)] (j) Upon refusal to obey a subpoena served upon any person under the provisions of this section, the PHMSA may request the Attorney General to seek the aid of the U. S. District Court for any District in which the person is found to compel that person, after notice, to appear and give testimony, or to appear and produce the subpoenaed documents before the PHMSA, or both.[§190.7(j)] [45 FR 20413, Mar. 27, 1980, as amended by Amdt. 190-6, 61 FR 18513, Apr. 26, 1996; Amdt. 190-7, 63 FR 7722, Feb. 17, 1998; 70 FR 11137, Mar. 8, 2005; Amdt. 190-16, 78 FR 58909, Sept. 25, 2013]

§190.9

Petitions for finding or approval.

(a) In circumstances where a rule contained in parts 192, 193 and 195 of this chapter authorizes the Administrator to make a finding or approval, an operator may petition the Administrator for such a finding or approval.[§190.9(a)] (b) Each petition must refer to the rule authorizing the action sought and contain information or arguments that justify the action. Unless otherwise specified, no public proceeding is held on a petition before it is granted or denied. After a petition is received, the Administrator or participating state agency notifies the petitioner of the disposition of the petition or, if the request requires more extensive consideration or additional information or comments are requested and delay is expected, of the date by which action will be taken.[§190.9(b)] (1) For operators seeking a finding or approval involving intrastate pipeline transportation, petitions must be sent to:[§190.9(b)(1)] (i) The State agency certified to participate under 49 U.S.C. 60105.[§190.9(b)(1)(i)]

(ii) Where there is no state agency certified to participate, the Administrator, Pipeline and Hazardous Materials Safety Administration, 1200 New Jersey Avenue, SE, Washington, DC 20590.[§190.9(b)(1)(ii)] (2) For operators seeking a finding or approval involving interstate pipeline transportation, petitions must be sent to the Administrator, Pipeline and Hazardous Materials Safety Administration, 1200 New Jersey Avenue, SE, Washington, DC 20590.[§190.9(b)(2)] (c) All petitions must be received at least 90 days prior to the date by which the operator requests the finding or approval to be made. [§190.9(c)]

(d) The Administrator will make all findings or approvals of petitions initiated under this section. A participating state agency receiving petitions initiated under this section shall provide the Administrator a written recommendation as to the disposition of any petition received by them. Where the Administrator does not reverse or modify a recommendation made by a state agency within 10 business days of its receipt, the recommended disposition shall constitute the Administrator's decision on the petition.[§190.9(d)] [Amdt. 190-5, 59 FR 17280, Apr. 12, 1994, as amended by Amdt. 190-6, 61 FR 18513, Apr. 26, 1996; 70 FR 11137, Mar. 8, 2005; 73 FR 16566, Mar. 28, 2008]

§190.11 (a)

Availability of informal guidance and interpretive assistance.

 Availability of telephonic and Internet assistance.

PHMSA has established a Web site and a telephone line to OPS headquarters where information on and advice about compliance with the pipeline safety regulations specified in 49 CFR parts 190-199 is available. The Web site and telephone line are staffed by personnel from PHMSA's OPS from 9:00 a.m. through 5:00 p.m., Eastern Time, Monday through Friday, with the exception of Federal holidays. When the lines are not staffed, individuals may leave a recorded voicemail message or post a message on the OPS Web site. The telephone number for the OPS information line is (202) 366-4595 and the OPS Web site can be accessed via the Internet at http://phmsa.dot.gov/pipeline.[§190.11(a)] (b)  Availability of written interpretations. A written regulatory interpretation, response to a question, or an opinion concerning a pipeline safety issue may be obtained by submitting a written request to the Office of Pipeline Safety (PHP-30), PHMSA, U.S. Department of Transportation, 1200 New Jersey Avenue SE., Washington, DC 20590-0001. The requestor must include his or her return address and should also include a daytime telephone number. Written requests should be submitted at least 120 days before the time the requestor needs a response.[§190.11(b)] [Amdt. 190-16, 78 FR 58909, Sept. 25, 2013]

Subpart B – Enforcement §190.201 (a)

Purpose and scope.

 This subpart describes the enforcement

authority and sanctions exercised by the Associate Administrator for achieving and maintaining pipeline safety and compliance under 49 U.S.C. 60101 et seq., 33 U.S.C. 1321(j), and any regulation or order issued thereunder. It also prescribes the procedures governing the exercise of that authority and the imposition of those sanctions.[§190.201(a)] (b) A person who is the subject of action pursuant to this subpart may be represented by legal counsel at all stages of the proceeding.[§190.201(b)] [45 FR 20413, Mar. 27, 1980, as amended by Amdt. 190-6, 61 FR 18513, Apr. 26, 1996; Amdt. 190-16, 78 FR 58909, Sept. 25, 2013]

§190.203

Inspections and investigations.

(a) Officers, employees, or agents authorized by the Associate Administrator for Pipeline Safety, PHMSA, upon presenting appropriate credentials, are authorized to enter upon, inspect, and examine, at reasonable times and in a reasonable manner, the records and properties of persons to the extent such records and properties are relevant to determining the compliance of such persons with the requirements of 49 U.S.C. 60101 et seq., or regulations or orders issued thereunder.[§190.203(a)] (b) Inspections are ordinarily conducted pursuant to one of the following:[§190.203(b)] (1) Routine scheduling by the Regional Director of the Region in which the facility is located;[§190.203(b)(1)] (2) A complaint received from a member of the public;[§190.203(b)(2)] (3) Information obtained from a previous inspection;[§190.203(b)(3)] (4) Report from a State Agency participating in the Federal Program under 49 U.S.C. 60105;[§190.203(b)(4)]

Subpart B – Enforcement

[45 FR 20413, Mar. 27, 1980, as amended by Amdt. 190-3, 56 FR 31090, July 9, 1991; Amdt. 190-6, 61 FR 18513, Apr. 26, 1996; Amdt. 190-7, 61 FR 27792, June 3, 1996; Amdt. 190-7, 63 FR 7722, Feb. 17, 1998; 70 FR 11137, Mar. 8, 2005; Amdt. 190-16, 78 FR 58909, Sept. 25, 2013]

§190.205

Warning letters.

 Upon determining that a probable violation of 49 U.S.C. 60101 et

seq., 33 U.S.C. 1321(j), or any regulation or order issued thereunder has occurred, the Associate Administrator or a Regional Director may issue a written warning notifying the operator of the probable violation and advising the operator to correct it or be subject to potential enforcement action in the future. The operator may submit a response to a warning, but is not required to. An adjudication under this subpart to determine whether a violation occurred is not conducted for warnings.[§190.205] [Amdt. 190-16, 78 FR 58909, Sept. 25, 2013]

 §190.206

Amendment of plans or procedures.

(a) A Regional Director begins a proceeding to determine whether an operator's plans or procedures required under parts 192, 193, 195, and 199 of this subchapter are inadequate to assure safe operation of a pipeline facility by issuing a notice of amendment. The notice will specify the alleged inadequacies and the proposed revisions of the plans or procedures and provide an opportunity to respond. The notice will allow the operator 30 days following receipt of the notice to submit written comments, revised procedures, or a request for a hearing under §190.211.[§190.206(a)] (b) After considering all material presented in writing or at the hearing, if applicable, the Associate Administrator determines whether the plans or procedures are inadequate as alleged. The Associate Administrator issues an order directing amendment of the plans or procedures if they are inadequate, or withdraws the notice if they are not. In determining the adequacy of an operator's plans or procedures, the Associate Administrator may consider:[§190.206(b)] (1) Relevant pipeline safety data;[§190.206(b)(1)] (2) Whether the plans or procedures are appropriate for the particular type of pipeline transportation or facility, and for the location of the facility;[§190.206(b)(2)] (3) The reasonableness of the plans or procedures; and[§190.206(b)(3)] (4) The extent to which the plans or procedures contribute to public safety.[§190.206(b)(4)] The  denotes information updated in the last year.

(c) An order directing amendment of an operator's plans or procedures prescribed in this section may be in addition to, or in conjunction with, other appropriate enforcement actions prescribed in this subpart.[§190.206(c)] [Amdt. 190-16, 78 FR 58910, Sept. 25, 2013]

§190.207 (a)

Notice of probable violation.

 Except as otherwise provided

by this subpart, a Regional Director begins an enforcement proceeding by serving a notice of probable violation on a person charging that person with a probable violation of 49 U.S.C. 60101 et seq., 33 U.S.C. 1321(j), or any regulation or order issued thereunder.[§190.207(a)] (b) A notice of probable violation issued under this section shall include:[§190.207(b)] (1) Statement of the provisions of the laws, regulations or orders which the respondent is alleged to have violated and a statement of the evidence upon which the allegations are based;[§190.207(b)(1)] (2)  Notice of response options available to the respondent under §190.208;[§190.207(b)(2)] (3) If a civil penalty is proposed under §190.221, the amount of the proposed civil penalty and the maximum civil penalty for which respondent is liable under law; and[§190.207(b)(3)] (4) If a compliance order is proposed under §190.217, a statement of the remedial action being sought in the form of a proposed compliance order.[§190.207(b)(4)] (c)  The Regional Director may amend a notice of probable violation at any time prior to issuance of a final order under §190.213. If an amendment includes any new material allegations of fact, proposes an increased civil penalty amount, or proposes new or additional remedial action under §190.217, the respondent will have the opportunity to respond under §190.208.[§190.207(c)] [45 FR 20413, Mar. 27, 1980, as amended by Amdt. 190-6, 61 FR 18513, Apr. 26, 1996; Amdt. 190-16, 78 FR 58910, Sept. 25, 2013]

§190.208

Response options.

Within 30 days of receipt of a notice of probable violation, the respondent must answer the Regional Director who issued the notice in the following manner:[§190.208] (a) When the notice contains a proposed civil penalty — [§190.208(a)]

(1) If the respondent is not contesting an allegation of probable violation, pay the proposed civil penalty as provided in §190.227 and advise the Regional Director of the payment. The payment authorizes the Associate Administrator to make a finding of violation and to issue a final order under §190.213;[§190.208(a)(1)] (2) If the respondent is not contesting an allegation of probable violation but wishes to submit a written explanation, information, or other materials the respondent believes may warrant mitigation or elimination of the proposed civil penalty, the respondent may submit such materials. This authorizes the Associate Administrator to make a finding of violation and to issue a final order under §190.213;[§190.208(a)(2)] (3) If the respondent is contesting one or more allegations of probable violation but is not requesting a hearing under §190.211, the respondent may submit a written response in answer to the allegations; or[§190.208(a)(3)] (4) The respondent may request a hearing under §190.211. [§190.208(a)(4)]

(b) When the notice contains a proposed compliance order — [§190.208(b)]

(1) If the respondent is not contesting an allegation of probable violation, agree to the proposed compliance order. This authorizes the Associate Administrator to make a finding of violation and to issue a final order under §190.213;[§190.208(b)(1)] (2) Request the execution of a consent order under §190.219; [§190.208(b)(2)]

(3) If the respondent is contesting one or more of the allegations of probable violation or compliance terms, but is not requesting a hearing under §190.211, the respondent may object to the proposed compliance order and submit written explanations, information, or other materials in answer to the allegations in the notice of probable violation; or[§190.208(b)(3)] (4) The respondent may request a hearing under §190.211. [§190.208(b)(4)]

(c) Before or after responding in accordance with paragraph (a) of this section or, when applicable paragraph (b) of this section, the respondent may request a copy of the violation report from the Regional Director as set forth in §190.209. The Regional Director

190 Pipeline Safety Programs And Rulemaking Procedures

(5) Pipeline accident or incident; or[§190.203(b)(5)] (6)  Whenever deemed appropriate by the Associate Administrator.[§190.203(b)(6)] (c)  If the Associate Administrator or Regional Director believes that further information is needed to determine appropriate action, the Associate Administrator or Regional Director may notify the pipeline operator in writing that the operator is required to provide specific information within 30 days from the time the notification is received by the operator, unless otherwise specified in the notification. The notification must provide a reasonable description of the specific information required. An operator may request an extension of time to respond by providing a written justification as to why such an extension is necessary and proposing an alternative submission date. A request for an extension may ask for the deadline to be stayed while the extension is considered. General statements of hardship are not acceptable bases for requesting an extension.[§190.203(c)] (d)  To the extent necessary to carry out the responsibilities under 49 U.S.C. 60101 et seq., the Administrator, or the Associate Administrator, may require testing of portions of pipeline facilities that have been involved in, or affected by, an accident. However, before exercising this authority, the Administrator, or the Associate Administrator, shall make every effort to negotiate a mutually acceptable plan with the owner of those facilities and, where appropriate, the National Transportation Safety Board for performing the testing.[§190.203(d)] (e)  If a representative of the U.S. Department of Transportation inspects or investigates an accident or incident involving a pipeline facility, the operator must make available to the representative all records and information that pertain to the event in any way, including integrity management plans and test results. The operator must provide all reasonable assistance in the investigation. Any person who obstructs an inspection or investigation by taking actions that were known or reasonably should have been known to prevent, hinder, or impede an investigation without good cause will be subject to administrative civil penalties under this subpart.[§190.203(e)] (f)  When OPS determines that the information obtained from an inspection or from other appropriate sources warrants further action, OPS may initiate one or more of the enforcement proceedings prescribed in this subpart.[§190.203(f)]

§190.208 (c)

§190.209

Part 190 – Pipeline Safety Programs And Rulemaking Procedures

will provide the violation report to the respondent within five business days of receiving a request.[§190.208(c)] (d) Failure to respond in accordance with paragraph (a) of this section or, when applicable paragraph (b) of this section, constitutes a waiver of the right to contest the allegations in the notice of probable violation and authorizes the Associate Administrator, without further notice to the respondent, to find the facts as alleged in the notice of probable violation and to issue a final order under §190.213.[§190.208(d)] (e) All materials submitted by operators in response to enforcement actions may be placed on publicly accessible Web sites. A respondent seeking confidential treatment under 5 U.S.C. 552(b) for any portion of its responsive materials must provide a second copy of such materials along with the complete original document. A respondent may redact the portions it believes qualify for confidential treatment in the second copy but must provide a written explanation for each redaction.[§190.208(e)] [Amdt. 190-16, 78 FR 58910, Sept. 25, 2013]

§190.209

Case file.

(a) The case file, as defined in this section, is available to the respondent in all enforcement proceedings conducted under this subpart.[§190.209(a)] (b) The case file of an enforcement proceeding consists of the following:[§190.209(b)] (1) In cases commenced under §190.206, the notice of amendment and the relevant procedures;[§190.209(b)(1)] (2) In cases commenced under §190.207, the notice of probable violation and the violation report;[§190.209(b)(2)] (3) In cases commenced under §190.233, the corrective action order or notice of proposed corrective action order and the data report, if one is prepared;[§190.209(b)(3)] (4) In cases commenced under §190.239, the notice of proposed safety order;[§190.209(b)(4)] (5) Any documents and other material submitted by the respondent in response to the enforcement action;[§190.209(b)(5)] (6) In cases involving a hearing, any material submitted during and after the hearing as set forth in §190.211; and[§190.209(b)(6)] (7) The Regional Director's written evaluation of response material submitted by the respondent and recommendation for final action, if one is prepared.[§190.209(b)(7)] [Amdt. 190-16, 78 FR 58910, Sept. 25, 2013]

§190.210

Separation of functions.

(a) General. An agency employee who assists in the investigation or prosecution of an enforcement case may not participate in the decision of that case or a factually related one, but may participate as a witness or counsel at a hearing as set forth in this subpart. Likewise, an agency employee who prepares a decision in an enforcement case may not have served in an investigative or prosecutorial capacity in that case or a factually related one.[§190.210(a)] (b) Prohibition on ex parte communications. A party to an enforcement proceeding, including the respondent, its representative, or an agency employee having served in an investigative or prosecutorial capacity in the proceeding, may not communicate privately with the Associate Administrator, Presiding Official, or attorney drafting the recommended decision concerning information that is relevant to the questions to be decided in the proceeding. A party may communicate with the Presiding Official regarding administrative or procedural issues, such as for scheduling a hearing.[§190.210(b)] [Amdt. 190-16, 78 FR 58911, Sept. 25, 2013]

§190.211

Hearing.

(a) General. This section applies to hearings conducted under this part relating to civil penalty assessments, compliance orders, orders directing amendment, safety orders, and corrective action orders. The Presiding Official will convene hearings conducted under this section. [§190.211(a)] (b) Hearing request and statement of issues. A request for a hearing must be accompanied by a statement of the issues that the respondent intends to raise at the hearing. The issues may relate to the allegations in the notice, the proposed corrective action, or the proposed civil penalty amount. A respondent's failure to specify an issue may result in waiver of the respondent's right to raise that issue at the hearing. The respondent's request must also indicate whether or not the respondent will be represented by counsel at the hearing. The respondent may withdraw a request for a hearing in writing and provide a written response. [§190.211(b)]

(c) Telephonic and in-person hearings. A telephone hearing will be held if the amount of the proposed civil penalty or the cost of the proposed corrective action is less than $25,000, unless the respondent or OPS submits a written request for an in-person hearing. In-person hearings will normally be held at the office of the appropriate OPS Region. Hearings may be held by video teleconference if the necessary equipment is available to all parties. [§190.211(c)] (d) Pre-hearing submissions. If OPS or the respondent intends to introduce material, including records, documents, and other exhibits not already in the case file, the material must be submitted to the Presiding Official and the other party at least 10 days prior to the date of the hearing, unless the Presiding Official sets a different deadline or waives the deadline for good cause. [§190.211(d)] (e) Conduct of the hearing. The hearing is conducted informally without strict adherence to rules of evidence. The Presiding Official regulates the course of the hearing and gives each party an opportunity to offer facts, statements, explanations, documents, testimony or other evidence that is relevant and material to the issues under consideration. The parties may call witnesses on their own behalf and examine the evidence and witnesses presented by the other party. After the evidence in the case has been presented, the Presiding Official will permit reasonable discussion of the issues under consideration. [§190.211(e)] (f) Written transcripts. If a respondent elects to transcribe a hearing, the respondent must make arrangements with a court reporter at cost to the respondent and submit a complete copy of the transcript for the case file. The respondent must notify the Presiding Official in advance if it intends to transcribe a hearing. [§190.211(f)] (g) Post-hearing submission. The respondent and OPS may request an opportunity to submit further written material after the hearing for inclusion in the record. The Presiding Official will allow a reasonable time for the submission of the material and will specify the submission date. If the material is not submitted within the time prescribed, the case will proceed to final action without the material. [§190.211(g)] (h) Preparation of decision. After consideration of the case file, the Presiding Official prepares a recommended decision in the case, which is then forwarded to the Associate Administrator for issuance of a final order. [§190.211(h)] [Amdt. 190-16, 78 FR 58911, Sept. 25, 2013]

§190.212

Presiding official, powers, and duties.

(a) General. The Presiding Official for a hearing conducted under §190.211 is an attorney on the staff of the Deputy Chief Counsel who is not engaged in any investigative or prosecutorial functions, such as the issuance of notices under this subpart. If the designated Presiding Official is unavailable, the Deputy Chief Counsel may delegate the powers and duties specified in this section to another attorney in the Office of Chief Counsel who is not engaged in any investigative or prosecutorial functions under this subpart.[§190.212(a)] (b) Time and place of the hearing. The Presiding Official will set the date, time and location of the hearing. To the extent practicable, the Presiding Official will accommodate the parties' schedules when setting the hearing. Reasonable notice of the hearing will be provided to all parties.[§190.212(b)] (c) Powers and duties of Presiding Official. The Presiding Official will conduct a fair and impartial hearing and take all action necessary to avoid delay in the disposition of the proceeding and maintain order. The Presiding Official has all powers necessary to achieve those ends, including, but not limited to the power to: [§190.212(c)]

(1) Regulate the course of the hearing and conduct of the parties and their counsel;[§190.212(c)(1)] (2) Receive evidence and inquire into the relevant and material facts;[§190.212(c)(2)] (3) Require the submission of documents and other information; [§190.212(c)(3)]

(4) Direct that documents or briefs relate to issues raised during the course of the hearing;[§190.212(c)(4)] (5) Set the date for filing documents, briefs, and other items; [§190.212(c)(5)]

(6) Prepare a recommended decision; and[§190.212(c)(6)] (7) Exercise the authority necessary to carry out the responsibilities of the Presiding Official under this subpart.[§190.212(c)(7)] [Amdt. 190-16, 78 FR 58911, Sept. 25, 2013]

Subpart B – Enforcement §190.213

Final order.

[Amdt. 190-16, 78 FR 58911, Sept. 25, 2013]

§190.215

[Reserved]

Compliance Orders §190.217 Compliance orders generally.

[Amdt. 190-16, 78 FR 58912, Sept. 25, 2013]

 (a)

Consent order.

 At any time prior to the issuance

of a compliance order under §190.217, a corrective action order under §190.233, or a safety order under §190.239, the Regional Director and the respondent may agree to resolve the case by execution of a consent agreement and order, which may be jointly executed by the parties and issued by the Associate Administrator. Upon execution, the consent order is considered a final order under §190.213. [§190.219(a)]

(b) A consent order executed under paragraph (a) of this section shall include:[§190.219(b)] (1) An admission by the respondent of all jurisdictional facts; [§190.219(b)(1)]

(2) An express waiver of further procedural steps and of all right to seek judicial review or otherwise challenge or contest the validity of that order;[§190.219(b)(2)] (3) An acknowledgement that the notice of probable violation may be used to construe the terms of the consent order; and [§190.219(b)(3)]

(4) A statement of the actions required of the respondent and the time by which such actions shall be accomplished. [§190.219(b)(4)]

(c)

 Prior to the execution of a consent

agreement and order arising out of a corrective action order under §190.233, the Associate Administrator will notify any appropriate State official in accordance with 49 U.S.C. 60112(c).[§190.219(c)]

[45 FR 20413, Mar. 27, 1980, as amended by Amdt. 190-6, 61 FR 18514, Apr. 26, 1996; Amdt. 190-16, 78 FR 58912, Sept. 25, 2013]

Civil Penalties §190.221 Civil penalties generally.

 When a Regional Director has reason to believe that a person has

committed an act violating 49 U.S.C. 60101 et seq., 33 U.S.C. 1321(j), or any regulation or order issued thereunder, the Regional Director may initiate proceedings under §§190.207 through 190.213 to determine the nature and extent of the violations and appropriate civil penalty.[§190.221] [Amdt. 190-16, 78 FR 58912, Sept. 25, 2013]

The  denotes information updated in the last year.

§190.223

Maximum penalties.

(a) Any person who is determined to have violated a provision of 49 U.S.C. 60101 et seq., or any regulation or order issued thereunder is subject to an administrative civil penalty not to exceed $200,000 for each violation for each day the violation continues, except that the maximum administrative civil penalty may not exceed $2,000,000 for any related series of violations.[§190.223(a)] (b) Any person who is determined to have violated a provision of 33 U.S.C. 1321(j) or any regulation or order issued thereunder is subject to an administrative civil penalty under 33 U.S.C. 1321(b)(6), as adjusted by 40 CFR 19.4.[§190.223(b)] (c) Any person who is determined to have violated any standard or order under 49 U.S.C. 60103 is subject to an administrative civil penalty not to exceed $50,000, which may be in addition to other penalties to which such person may be subject under paragraph (a) of this section.[§190.223(c)] (d) Any person who is determined to have violated any standard or order under 49 U.S.C. 60129 is subject to an administrative civil penalty not to exceed $1,000, which may be in addition to other penalties to which such person may be subject under paragraph (a) of this section.[§190.223(d)] (e) Separate penalties for violating a regulation prescribed under this subchapter and for violating an order issued under §§190.206, 190.213, 190.233, or 190.239 may not be imposed under this section if both violations are based on the same act.[§190.223(e)] [Amdt. 190-16, 78 FR 58912, Sept. 25, 2013]

When a Regional Director has reason to believe that a person is engaging in conduct that violates 49 U.S.C. 60101 et seq., 33 U.S.C. 1321(j), or any regulation or order issued thereunder, and if the nature of the violation and the public interest so warrant, the Regional Director may initiate proceedings under §§190.207 through 190.213 to determine the nature and extent of the violations and for the issuance of an order directing compliance.[§190.217]

§190.219



 §190.225

Assessment considerations.

In determining the amount of a civil penalty under this part,[§190.225] (a)  The Associate Administrator will consider:[§190.225(a)] (1) The nature, circumstances and gravity of the violation, including adverse impact on the environment;[§190.225(a)(1)] (2) The degree of the respondent's culpability;[§190.225(a)(2)] (3) The respondent's history of prior offenses;[§190.225(a)(3)] (4)  Any good faith by the respondent in attempting to achieve compliance;[§190.225(a)(4)] (5)  The effect on the respondent's ability to continue in business; and[§190.225(a)(5)] (b)  The Associate Administrator may consider:[§190.225(b)] (1) The economic benefit gained from violation, if readily ascertainable, without any reduction because of subsequent damages; and[§190.225(b)(1)] (2) Such other matters as justice may require.[§190.225(b)(2)] [Amdt. 190-16, 78 FR 58912, Sept. 25, 2013]

§190.227 (a)

Payment of penalty.

 Except for payments exceeding $10,000, payment of a civil

penalty proposed or assessed under this subpart may be made by certified check or money order (containing the CPF Number for the case), payable to “U.S. Department of Transportation,” to the Federal Aviation Administration, Mike Monroney Aeronautical Center, Financial Operations Division (AMZ-341), P.O. Box 25770, Oklahoma City, OK 73125, or by wire transfer through the Federal Reserve Communications System (Fedwire) to the account of the U.S. Treasury, or via https://www.pay.gov. Payments exceeding $10,000 must be made by wire transfer.[§190.227(a)] (b) Payment of a civil penalty assessed in a final order issued under §190.213 or affirmed in a decision on a petition for reconsideration must be made within 20 days after receipt of the final order or decision. Failure to do so will result in the initiation of collection action, including the accrual of interest and penalties, in accordance with 31 U.S.C. 3717 and 49 CFR part 89.[§190.227(b)] [Amdt. 190-7, 61 FR 27792, June 3, 1996, as amended at 70 FR 11138, Mar. 8, 2005; 73 FR 16567, Mar. 28, 2008; Amdt. 190-16, 78 FR 58912, Sept. 25, 2013]

§190.229 §190.231

 [Reserved]  [Reserved]

Specific Relief §190.233 Corrective action orders. (a)

 Generally. Except as provided by paragraph (b) of this section, if the Associate Administrator finds, after reasonable notice and opportunity for hearing in accord with paragraph (c) of this section, a particular pipeline facility is or would be hazardous to life, property, or the

190 Pipeline Safety Programs And Rulemaking Procedures

(a) In an enforcement proceeding commenced under §190.207, an attorney from the Office of Chief Counsel prepares a recommended decision after expiration of the 30-day response period prescribed in §190.208. If a hearing is held, the Presiding Official prepares the recommended decision as set forth in §190.211. The recommended decision is forwarded to the Associate Administrator who considers the case file and issues a final order. The final order includes — [§190.213(a)] (1) A statement of findings and determinations on all material issues, including a determination as to whether each alleged violation has been proved;[§190.213(a)(1)] (2) If a civil penalty is assessed, the amount of the penalty and the procedures for payment of the penalty, provided that the assessed civil penalty may not exceed the penalty proposed in the notice of probable violation; and[§190.213(a)(2)] (3) If a compliance order is issued, a statement of the actions required to be taken by the respondent and the time by which such actions must be accomplished.[§190.213(a)(3)] (b) In cases where a substantial delay is expected in the issuance of a final order, notice of that fact and the date by which it is expected that action will be taken is provided to the respondent upon request and whenever practicable.[§190.213(b)]

§190.233 (a)

§190.235

Part 190 – Pipeline Safety Programs And Rulemaking Procedures

environment, the Associate Administrator may issue an order pursuant to this section requiring the operator of the facility to take corrective action. Corrective action may include suspended or restricted use of the facility, physical inspection, testing, repair, replacement, or other appropriate action.[§190.233(a)] (b)  Waiver of notice and expedited review. The Associate Administrator may waive the requirement for notice and opportunity for hearing under paragraph (a) of this section before issuing an order whenever the Associate Administrator determines that the failure to do so would result in the likelihood of serious harm to life, property, or the environment. When an order is issued under this paragraph, a respondent that contests the order may obtain expedited review of the order either by answering in writing to the order within 10 days of receipt or requesting a hearing under §190.211 to be held as soon as practicable in accordance with paragraph (c)(2) of this section. For purposes of this section, the term “expedited review” is defined as the process for making a prompt determination of whether the order should remain in effect or be amended or terminated. The expedited review of an order issued under this paragraph will be complete upon issuance of such determination.[§190.233(b)] (c) Notice and hearing:[§190.233(c)] (1)  Written notice that OPS intends to issue an order under this section will be served upon the owner or operator of an alleged hazardous facility in accordance with §190.5. The notice must allege the existence of a hazardous facility and state the facts and circumstances supporting the issuance of a corrective action order. The notice must provide the owner or operator with an opportunity to respond within 10 days of receipt.[§190.233(c)(1)] (2)  An owner or operator that elects to exercise its opportunity for a hearing under this section must notify the Associate Administrator of that election in writing within 10 days of receipt of the notice provided under paragraph (c)(1) of this section, or the order under paragraph (b) of this section when applicable. The absence of such written notification waives an owner or operator's opportunity for a hearing.[§190.233(c)(2)] (3)  At any time after issuance of a notice or order under this section, the respondent may request a copy of the case file as set forth in §190.209.[§190.233(c)(3)] (4)  A hearing under this section is conducted pursuant to §190.211. The hearing should be held within 15 days of receipt of the respondent's request for a hearing.[§190.233(c)(4)] (5)  After conclusion of a hearing under this section, the Presiding Official submits a recommended decision to the Associate Administrator as to whether or not the facility is or would be hazardous to life, property, or the environment, and if necessary, requiring expeditious corrective action. If a notice or order is contested in writing without a hearing, an attorney from the Office of Chief Counsel prepares the recommended decision. The recommended decision should be submitted to the Associate Administrator within five business days after conclusion of the hearing or after receipt of the respondent's written objection if no hearing is held. Upon receipt of the recommendation, the Associate Administrator will proceed in accordance with paragraphs (d) through (h) of this section. If the Associate Administrator finds the facility is or would be hazardous to life, property, or the environment, the Associate Administrator issues a corrective action order in accordance with this section, or confirms (or amends) the corrective action order issued under paragraph (b) of this section. If the Associate Administrator does not find the facility is or would be hazardous to life, property, or the environment, the Associate Administrator withdraws the notice or terminates the order issued under paragraph (b) of this section, and promptly notifies the operator in writing by service as prescribed in §190.5.[§190.233(c)(5)] (d)  The Associate Administrator may find a pipeline facility to be hazardous under paragraph (a) of this section:[§190.233(d)] (1)  If under the facts and circumstances the Associate Administrator determines the particular facility is hazardous to life, property, or the environment; or[§190.233(d)(1)] (2)  If the pipeline facility or a component thereof has been constructed or operated with any equipment, material, or technique which the Associate Administrator determines is hazardous to life, property, or the environment, unless the operator involved demonstrates to the satisfaction of the Associate Administrator that, under the particular facts and circumstances involved, such equipment, material, or technique is not hazardous.[§190.233(d)(2)]

(e)

 In making a determination under

paragraph (d) of this section, the Associate Administrator shall consider, if relevant: [§190.233(e)]

(1) The characteristics of the pipe and other equipment used in the pipeline facility involved, including its age, manufacturer, physical properties (including its resistance to corrosion and deterioration), and the method of its manufacture, construction or assembly;[§190.233(e)(1)] (2) The nature of the materials transported by such facility (including their corrosive and deteriorative qualities), the sequence in which such materials are transported, and the pressure required for such transportation;[§190.233(e)(2)] (3) The characteristics of the geographical areas in which the pipeline facility is located, in particular the climatic and geologic conditions (including soil characteristics) associated with such areas, and the population density and population and growth patterns of such areas;[§190.233(e)(3)] (4) Any recommendation of the National Transportation Safety Board issued in connection with any investigation conducted by the Board; and[§190.233(e)(4)] (5)  Such other factors as the Associate Administrator may consider appropriate.[§190.233(e)(5)] (f) A corrective action order shall contain the following information: [§190.233(f)]

(1)

 A finding that the pipeline facility

is or would be hazardous to life, property, or the environment.[§190.233(f)(1)] (2) The relevant facts which form the basis of that finding. [§190.233(f)(2)]

(3) The legal basis for the order.[§190.233(f)(3)] (4) The nature and description of any particular corrective action required of the respondent.[§190.233(f)(4)] (5) The date by which the required corrective action must be taken or completed and, where appropriate, the duration of the order. [§190.233(f)(5)]

(6) If the opportunity for a hearing was waived pursuant to paragraph (b) of this section, a statement that an opportunity for a hearing will be available at a particular time and location after issuance of the order.[§190.233(f)(6)] (g)  The Associate Administrator will terminate a corrective action order whenever the Associate Administrator determines that the facility is no longer hazardous to life, property, or the environment. If appropriate, however, a notice of probable violation may be issued under §190.207.[§190.233(g)] (h)  At any time after a corrective action order issued under this section has become effective, the Associate Administrator may request the Attorney General to bring an action for appropriate relief in accordance with §190.235.[§190.233(h)] (i) Upon petition by the Attorney General, the District Courts of the United States shall have jurisdiction to enforce orders issued under this section by appropriate means.[§190.233(i)] [70 FR 11138, Mar. 8, 2005, as amended by Amdt. 190-16, 78 FR 58912, Sept. 25, 2013]

§190.235

Civil actions generally.

 Whenever it appears to the Associate Administrator that a person

has engaged, is engaged, or is about to engage in any act or practice constituting a violation of any provision of 49 U.S.C. 60101 et seq., or any regulations issued thereunder, the Administrator, or the person to whom the authority has been delegated, may request the Attorney General to bring an action in the appropriate U.S. District Court for such relief as is necessary or appropriate, including mandatory or prohibitive injunctive relief, interim equitable relief, civil penalties, and punitive damages as provided under 49 U.S.C. 60120 and 49 U.S.C. 5123.[§190.235] [70 FR 11139, Mar. 8, 2005]

§190.237

 [Reserved]

§190.239

Safety orders.

(a)

 When may PHMSA issue a safety order?

If the Associate Administrator finds, after notice and an opportunity for hearing under paragraph (b) of this section, that a particular pipeline facility has a condition or conditions that pose a pipeline integrity risk to public safety, property, or the environment, the Associate Administrator may issue an order requiring the operator of the facility to take necessary corrective action. Such action may include physical inspection, testing, repair or other appropriate action to remedy the identified risk condition.[§190.239(a)]

Definitions IX Subject Index

Index A Alcohol Testing, see Drug and Alcohol Testing199.2 127 Amendment, Plans or Procedures 190.206 3 Anchors 192.161 29 Annual Report Distribution Systems 191.11 14 Gathering Systems 191.17 14 Liquefied Natural Gas 191.17 14 Transmission Systems 191.17 14 Transportation by Pipeline, Hazardous Liquids 195.49 97 195.58 98

B Branch Connections, Welded 192.155 28 Breakout Tanks 195.1(c) 90 Breakout Tanks, Aboveground 195.132 101 195.205 101 195.264 103 195.307 106 195.405 108 195.430 109 195.432 110 195.434 110 195.436 110 195.438 110 195.557 116 195.573(d) 117 195.579(d) 118

Section # Page #

D Definitions Abandoned 192.3 18 195.2 90 Abnormal operating condition 192.803 57 195.503 115 Accident 199.3 127 Active Corrosion 192.3 18 195.553 116 Adequate Alternative Drinking Water Source 195.6(c) 93 Administrator 190.3 1 191.3 13 192.3 18 193.2007 73 195.2 90 198.3 125 199.3 127 Adopt 198.3 125 Adverse Weather Conditions 194.5 83 Alarm 192.3 18 195.2 90 Ambient Vaporizer 193.2007 73 Aquatic Community 195.6(c) 93 Aquatic Dependent Species 195.6(c) 93 Assessment 192.903 57 Associate Administrator 190.3 1 Barrel 194.5 83 195.2 90 Breakout Tank 194.5 83 195.2 90 Buried 195.553 116 Carbon Dioxide 195.2 90 Cargo Transfer System 193.2007 73 Case File 190.209 4 Check Valve 195.450 112 Chief Counsel 190.3 1 Class 1 Pipeline Location 192.5(b)(1) 19 Class 2 Pipeline Location 192.5(b)(2) 19 Class 3 Pipeline Location 192.5(b)(3) 19 Class 4 Pipeline Location 192.5(b)(4) 20 Class I Aquifer 195.6(c) 93 Class II Aquifer 195.6(c) 93 Class Location Unit 192.5(a)(1) 19 Commercially Navigable Waterway 195.450 112 Community Water System (CWS) 195.6(c) 93 Component 193.2007 73 195.2 90 Computation Pipeline Monitoring (CPM) 195.2 90 Confirmatory Direct Assessment 192.903 57 Container 193.2007 73 Contract or Other Approved Means 194.5 83 Control Room 192.3 18 195.2 90 Control System 193.2007 73

INDEX

143

IX Subject Index

Carbon Dioxide, Transportation by Pipeline, see Transportation by Pipeline, Hazardous Liquids 195.1 89 Case File 190.209 4 Cast Iron Pipe Caulked Bell and Spigot Joints 192.753 56 Connection to Service Line Mains 192.369 38 Corrosion Control 192.489 42 General 192.275 34 Protecting 192.755 56 Service Lines 192.373 38 Transportation of Carbon Dioxide 195.8 95 Transportation of Hazardous Liquids Definitions 195.8 95 Uprating 192.557 44 Cathodic Protection Adequacy 195.571 117 195.573 117 Breakout Tanks 195.565 117 Criteria for Cathodic Protection and Determination of Measurements 192 Appendix D 69 External Corrosion Control 192.463 40 LNG Facilities 193.2633(b) 80 193.2635(b) 80 Monitoring 192.465 40 Pipelines Requiring 195.563 116 Recordkeeping 195.589(a) 119 Test Stations 192.469 41 Civil Actions 190.235 6 Class Locations 192.5(a)(1) 19 192.5(b)(1) 19 192.5(b)(2) 19 192.5(b)(3) 19 Combustible Materials Storage 192.735 55 Communication Systems 193.2519 79 195.408 108 Compliance Order 190.217 5 Compressor Stations Additional Safety Equipment 192.171 30 Capacity Required 192.201 32 Combustible Materials Storage 192.735 55 Design and Construction 192.163 29 Drainage 192.189 31 Emergency Shutdown 192.167 29 Gas Detection 192.736 55 Inspection and Testing of Relief Devices 192.731 55 Liquid Removal 192.165 29 Pressure Limiting Devices 192.169 30 Ventilation 192.173 30 Waterproofing 192.189 31 Consent Order 190.219 5 Control Center 193.2441 77 Control Room Management Alarm Management 195.446(e) 111 General Requirements 192.631 52 195.446 111 Records 192.631(j) 53 195.446(j) 112 Training 192.631(d)(2) 52 192.631(g) 53 192.631(h) 53 195.446(h) 111 Conversion to Service 192.14 23 Cooldown, LNG Facilities 193.2505 78 Copper Pipe 192.125 27 192.279 34 192.377 38

Corrosion Control Application to Converted Pipelines and Regulated Onshore Gathering Lines 192.452 39 Atmospheric General Requirements 192.479 41 LNG Facilities 193.2627 80 Monitoring 192.481 41 Transportation by Pipeline, Hazardous Liquids 195.581 118 195.583 118 Correcting Corroded Pipe 195.585 118 Definitions 195.553 116 Determining Pipe Strength 195.587 118 Direct Assessment 192.490 42 195.588 118 External Buried or Submerged Pipelines 192.455 39 192.457 40 193.2629 80 Cathodic Protection 192.463 40 Electrical Isolation 192.467 41 Examination of Exposed Pipeline 192.459 40 Interference Currents 192.473 41 Monitoring 192.465 40 195.573 117 Protective Coating 192.461 40 Test Leads 192.471 41 Test Stations 192.469 41 External Corrosion Direct Assessment 192.925 61 General Requirements 192.453 39 Internal Buried or Submerged Pipelines 193.2631 80 General Requirements 192.475 41 Mitigating of 195.579 118 Monitoring 192.477 41 Records 192.476(d) 41 Transmission Lines, Design and Construction 192.476 41 Internal Corrosion Direct Assessment 192.927 62 LNG Facilities 193.2304 77 193.2625 80 193.2635 80 Records 192.491 42 195.589 119 Remedial Measures Cast and Ductile Iron 192.489 42 Distribution Lines 192.487 42 General Requirements 192.483 42 Transmission Lines 192.485 42 Stress Corrosion Corrosion Direct Assessment 192.929 63 Customer Notification 192.16 23

Definitions Definitions (continued) Controllable Emergency 193.2007 73 Controller 192.3 18 195.2 90 Corrosive Product 195.2 90 Covered Employee 198.3 125 Covered Function 198.3 125 Covered Pipeline Segment 192.903 57 Covered Segment 192.903 57 Critically Imperiled Ecological Community (Habitat) 195.6(c) 93 Critically Imperiled Species 195.6(c) 93 Customer Meter 192.3 18 Customer's Buried Piping 192.16(a) 23 Day 190.3 1 Depleted Marine Species 195.6(c) 93 Design Pressure 193.2007 73 Determine 193.2007 73 Dike 193.2007 73 Direct Assessment 192.903 57 195.553 116 Distribution Line 192.3 18 DOT Procedures 199.3 127 Ecological Community 195.6(c) 93 Electrical Survey 192.3 18 195.553 116 Element Occurrence Rank (EORANK) 195.6(c) 93 Emergency 193.2007 73 Emergency Flow Restricting Device (EFRD) 195.450 112 Employee 198.3 125 Environmentally Sensitive Area 194.5 83 Evaluation 192.803 57 195.503 115 Excavation Activity 195.442(a) 110 198.3 125 Excavation Damage 192.1001 67 Excavator 198.3 125 Exclusion Zone 193.2007 73 Exposed Underwater Pipeline 192.3 18 195.2 90 External Corrosion Direct Assessment (ECDA) 192.925(a) 61 195.553 116 Fail a Drug Test 199.3 127 Fail-Safe 193.2007 73 Flammable Product 195.2 90 g 193.2007 73 Gas 191.3 13 192.3 18 Gas, except when designated as inert 193.2007 73 Gathering Line 192.3 18 195.2 90 Gulf of Mexico and Its Inlets 192.3 18 195.2 90 Hazard to Navigation 192.3 18 195.2 90 Hazardous Fluid 193.2007 73 Hazardous Leak 192.1001 67 Hazardous Liquid 193.2007 73 195.2 90 Hearing 190.3 1 Heated Vaporizer 193.2007 73 High Consequence Area 192.903 57 195.450 112 High Population Area 195.450 112 High Volume Area 194.5 83 Highly Volatile Leak (HVL) 195.2 90 High-Pressure Distribution System 192.3 18 Identified Site 192.903 57 Imperiled Ecological Community (Habitat) 195.6(c) 93 Imperiled Species 195.6(c) 93 Impounding Space 193.2007 73 Impounding System 193.2007 73 Incident 191.3 13 Includes 192.15(a) 23 Individual to be Tested 198.3 125 In-Plant Piping System 195.2 90 Integrity Management Plan (IM Plan) 192.1001 67 Integrity Management Program (IM Program) 192.1001 67 Internal Corrosion Direct Assessment (ICDA) 192.927(a) 62 Interstate Pipeline 195.2 90 Karst Aquifer 195.6(c) 93 Line Pipe 195.2 90 Line Section 192.3 18 194.5 83 195.2 90 Liquefied Natural Gas (LNG) 193.2007 73 Listed Specification 192.3 18 LNG Facility 191.3 13 193.2007 73 LNG Plant 193.2007 73 Low-Pressure Distribution System 192.3 18 Low-Stress Pipeline 195.2 90 m3 192.3 18 Main 192.3 18 Maintain 192.16(a) 23 Major River 194.5 83 Master Meter System 191.3 13 Maximum Actual Operating Pressure 192.3 18 Maximum Allowable Working Pressure 193.2007 73 Maximum Extent Practicable 194.5 83 Maximum Operating Pressure (MOP) 195.2 90 May 192.15(a) 23 May Not 192.15(a) 23 Mechanical Fitting 192.1001 67 Migratory Waterbird Concentration Area 195.6(c) 93 Multi-Species Assemblage Area 195.6(c) 93 Municipality 191.3 13 192.3 18 Navigable Waters 194.5 83 Nominal Wall 195.2 90 Non-Transient Non-Community Water System (NTNCWS) 195.6(c) 93 Normal Operation 193.2007 73 Office of Pipeline Safety 190.3 1 Offshore 191.3 13 192.3 18 195.2 90 Oil 194.5 83 Oil Spill Removal Organization 194.5 83 One-Call Notification System 198.3 125

144

INDEX

Definitions (continued) On-Scene Coordinator (OSC) 194.5 83 Onshore Oil Pipeline Facilities 194.5 83 Operator 190.3 1 191.3 13 192.3 18 193.2007 73 194.5 83 195.2 90 199.3 127 Other Populated Area 195.450 112 Outer Continental Shelf 191.3 13 192.3 18 195.2 90 Pass a Drug Test 199.3 127 Performs a Covered Function 199.3 127 Person 190.3 1 191.3 13 192.3 18 193.2007 73 195.2 90 198.3 125 Petroleum 195.2 90 Petroleum Product 195.2 90 Pipe 192.3 18 195.2 90 Pipeline 191.3 13 192.3 18 194.5 83 195.2 90 Pipeline and Hazardous Materials Safety Administration (PHMSA) 190.3 1 Pipeline Environment 192.3 18 195.553 116 Pipeline Facility 192.3 18 193.2007 73 195.2 90 Pipeline System 191.3 13 195.2 90 Piping 193.2007 73 Positive Rate for Random Drug Testing 199.3 127 Potential Impact Circle 192.903 57 Potential Impact Radius (PIR) 192.903 57 Presiding Official 190.3 1 Production Facility 192.5 19 Prohibited Drug 199.3 127 Public Water System (PWS) 195.6 93 Qualified 192.803 57 195.503 115 Qualified Individual 194.5 83 Ramsar Site 195.6(c) 93 Refuse 199.3 127 Refuse to Submit 199.3 127 Refuse to Take 199.3 127 Regional Director 190.3 1 Regulated Onshore Gathering Line 192.8(b) 21 Regulated Rural Gathering Line 195.11(a) 95 Remediation 192.903 57 Remote Control Valve (RCV) 195.450 112 Replaced Service Line 192.383(a) 39 Respondent 190.3 1 Response Activities 194.5 83 Response Plan 194.5 83 Response Resources 194.5 83 Response Zone 194.5 83 Rural Area 195.2 90 Secretary 198.3 125 Seeking to Adopt 198.3 125 Service 190.5 1 Service Line 192.3 18 Service Line Serving Single-Family Residence 192.383(a) 39 Service Regulator 192.3 18 Shall 192.15(a) 23 Small LPG Operator 192.1001 67 Sole-Source Aquifer (SSA) 195.6(c) 93 Source Water Protection Area (SWPA) 195.6(c) 93 Species 195.6(c) 93 Specified Minimum Yield Strength (SMYS) 192.3 18 194.5 83 195.2 90 State 190.3 1 191.3 13 192.3 18 198.3 125 State Agency 199.3 127 Storage Tank 193.2007 73 Stress Corrosion Corrosion Direct Assessment (SCCDA) 192.929(a) 63 Stress Level 194.5 83 195.2 90 Supervisory Control and Data Acquisition (SCADA) System 192.3 18 195.2 90 Surge Pressure 195.2 90 Terrestrial Ecological Community with a Limited Range 195.6(c) 93 Terrestrial Species with a Limited Range 195.6(c) 93 Threatened and Endangered Species (T&E) 195.6(c) 93 Toxic Product 195.2 90 Transfer Piping 193.2007 73 Transfer System 193.2007 73 Transient Non-Community Water System (TNCWS) 195.6(c) 93 Transmission Line 192.3 18 Transportation of Gas 191.3 13 192.3 18 Underground Pipeline Facilities 198.3 125 Unusually Sensitive Area (USA) 195.2 90 195.450 112 Unusually Sensitive Area (USA) Drinking Water Resource 195.6(a) 93 Unusually Sensitive Area (USA) Ecological Resource 195.6(b) 93 Vaporization 193.2007 73 Vaporizer 193.2007 73 Waterfront LNG Plant 193.2007 73 Wellhead Protection Area (WHPA) 195.6(c) 93 Western Hemisphere Shorebird Reserve Network (WHSRN) 195.6(c) 93 Worst Case Discharge 194.5 83 You 195.553 116 Distribution Lines, see also Integrity Management, Gas Distribution Pipelines192.1001 67 Distribution Systems Annual Report 191.17 14 192.383(c) 39 Control of High-Pressure Gas 192.197 31 Incident Report 191.9 14 Leakage Survey 192.723 55 Maximum Allowable Operating Pressure 192.621 51 192.623 51 Mechanical Fitting Failure Report 191.12 14 Patrolling 192.721 54 Protection Against Accidental Overpressuring 192.195 31 Recordkeeping 192.1007(g) 67 192.1009 67 192.1011 68 Separate Report Requirement 191.13 14 Telemetering or Recording Gauges 192.741 56 Valve Maintenance 192.747 56

Section # Page #

Investigations

E Emergency Procedures Compressor Stations 192.167 29 LNG Facilities 193.2509 78 Extruded Outlets 192.157 29

F Final Order 190.213 5 Fire Protection Compressor Stations 192.171(a) 30 Firefighting Equipment 195.430 109 Hazardous Liquid Pumping Equipment 195.262(e) 103 LNG Facilities 193.2611 79 193.2801 82 Control Systems 193.2619(c)(2) 80 Recordkeeping 193.2719 81 Training 193.2717 81 Fittings, Standard 192.149 28 Flammable Vapor-Gas Dispersion Protection 193.2059 75 Flanges/Flange Accessories 192.147 28 Forms DOT 7000-1 195.54 97 7000-1.1 195.49 97 Pipeline and Hazardous Materials Safety Administration (PHMSA) 7100.1-1 191.11 14 192.383(c) 39 7100.1-2 191.12 14 7100.2 191.15(a) 14 7100.2.1 191.17(a) 14 7100.3 191.15(b) 14 7100.3-1 191.17(b) 14 7100-1.1 195.49 97 Management Information Systems Report, Alcohol Testing Results 199.229(a) 132 Management Information Systems Report, Drug Testing 199.119 130 RSPA7100.1 191.9 14

Section # Page #

Gas Detection in Compressor Stations 192.736 55 Odorization 192.625 52 Gas, see also Integrity Management, Gas Distribution Pipelines192.1001 67 Gas, see also Integrity Management, Gas Transmission Pipelines192.903 57 Gathering Lines 192.8 21 192.9 22 Gathering Systems Annual Report 191.17 14 Incident Report 191.15 14 General Federal Requirements for Pipelines 192.13 22 Grants to Aid State Pipeline Programs Allocation Formula 198.13 125 Authority 198.11 125 Conditions 198.35 125 Definitions 198.3 125 Qualification for Operation of One-Call Notification System 198.39 126 State One-Call Damage Prevention Program 198.37 125 Gulf of Mexico and Its Inlets Definition 192.3 18 Underwater Inspection and Reburial 192.612 46

Subject Index

Drug and alcohol testing Alcohol Misuse Prevention Access to Records 199.231 132 Alcohol Concentration 199.215 130 Alcohol Misuse Plan 199.202 130 Contractors 199.245 133 Follow-up Testing 199.225(d) 131 Misuse Policy Requirements 199.239 133 Notice Requirement 199.211 130 On-Duty Use 199.217 130 Other Alcohol-Related Conduct 199.237 132 Other Requirements Imposed by Operators 199.209 130 Post-Accident Testing 199.225(a) 131 Pre-Duty Use 199.219 131 Pre-Employment Alcohol Testing 199.209(b) 130 Reasonable Suspicion Testing 199.225(b) 131 Records 199.227 131 Referral, Evaluation, and Treatment 199.243 133 Refusal to Submit to Required Test 199.223 131 Removal from Covered Function 199.233 132 Reporting of Testing Results 199.229 132 199.231 132 Required Evaluation and Testing 199.235 132 Retesting 199.225(e) 131 Return-to-Duty Testing 199.225(c) 131 Supervisor Training 199.241 133 Use Following Accident 199.221 131 Alcohol Testing 199.225 131 Applicability 199.2 127 Definitions 199.3 127 DOT Procedures 199.5 127 Drug Testing Additional Testing 199.111 129 Anti-Drug Plan 199.101 128 Contractors 199.115 129 Employee Assistance Program 199.113 129 199.115 129 Follow-up Testing 199.105(f) 129 Laboratory 199.107 129 Post-Accident Testing 199.105(b) 128 Pre-Employment Testing 199.105(a) 128 Random Drug Testing 199.105(c) 128 Reasonable Cause Testing 199.105(d) 129 Recordkeeping 199.117 130 Reporting of Anti-Drug Testing Results 199.119 130 Retention of Samples 199.111 129 Return-to-Duty Testing 199.105(e) 129 Review of Results 199.109 129 Use of Persons Who Fail or Refuse a Drug Test 199.103 128 Preemption of State and Local Law 199.9 127 Stand-Down Waivers 199.7 127 Ductile Iron Pipe Connection to Service Line Mains 192.369 38 Graphitization 192.489 42 Joining 192.277 34 Service Lines 192.373 38 Transportation by Pipeline, Hazardous Liquids Definitions 195.8 95 Transportation of Carbon Dioxide 195.8 95 Uprating 192.557 44

H Hearings Adoption of Rules 190.327 9 Conduct of 190.239(b)(4) 7 Corrective Action 190.233 5 General Requirements 190.211 4 Presiding Official, Powers, and Duties 190.212 4 Safety Order 190.239(b)(3) 7 Holders, Pipe-Type and Bottle-Type 192.175 30

I Incident Report Gathering Systems 191.15 14 LNG Facilities 191.15 14 Transmission Systems 191.15 14 Informal Guidance 190.11 2 Inspections 190.203 2 Integrity Management, Gas Distribution Pipelines Carrying Out Requirements, Guidance 192 Appendix E 70 Criteria for Cathodic Protection and Determination of Measurements 192 Appendix D 69 Definitions 192.1001 67 Determining High Consequence Areas, Guidance 192 Appendix E 70 Deviation from Inspection Requirements 192.1013 68 Elements of Plan 192.1007 67 LPG Operator Implementation 192.1015 68 Master Meter Implementation 192.1015 68 Operator Implementation 192.1005 67 Pipe Qualification 192 Appendix B 68 Qualification of Welders for Low Stress Pipe 192 Appendix C 69 Recordkeeping 192.1007(g) 67 192.1009 67 192.1011 68 Training 192.1007(a) 67 Integrity Management, Gas Transmission Pipelines Addressing Integrity Issues 192.933 63 192.935 64 Baseline Assessment Plan 192.919 60 Carrying Out Requirements, Guidance 192 Appendix E 70 Changes to Program 192.909 58 Conducting a Baseline Assessment Plan 192.921 60 Continuing Evaluation and Assessment to Maintain Integrity 192.937 64 Criteria for Cathodic Protection and Determination of Measurements 192 Appendix D 69 Definitions 192.903 57 Determining High Consequence Areas, Guidance 192 Appendix E 70 Deviation from Reassessment Intervals 192.943 66 Deviations 192.913 59 Direct Assessment 192.923 61 Confirmatory Direct Assessment (CDA) 192.931 63 External Corrosion Direct Assessment (ECDA) 192.925 61 Internal Corrosion Direct Assessment (ICDA) 192.927 62 Stress Corrosion Corrosion Direct Assessment (SCCDA) 192.929 63 Filing Reports 192.951 66 High Consequence Area 192.905 58 Identification of Threats to Pipeline Integrity 192.917 59 Implementation 192.907 58 Low Stress Reassessment 192.941 66 Measuring Program Effectiveness 192.945 66 Notifying Pipeline and Hazardous Materials Safety Administration (PHMSA) 192.949 66 Pipe Qualification 192 Appendix B 68 Program Elements 192.911 58 Qualification of Welders for Low Stress Pipe 192 Appendix C 69 Reassessment Intervals 192.939 65 Recordkeeping 192.907(a) 58 192.947 66 Training 192.915 59 Internal Inspection Devices 192.150 28 Interpretive Assistance 190.11 2 Investigations 190.203 2

INDEX

145

Joining of Materials Other Than by Welding

J Joining of Materials Other Than by Welding Cast Iron Pipe 192.275 34 Copper Pipe 192.279 34 Ductile Iron Pipe 192.277 34 General 192.273 34 Plastic Pipe 192.281 34 192.283 34 192.285 35 192.287 35

L Line Markers 192.707 54 Liquefied Natural Gas (LNG) Facilities Annual Report 191.17 14 Construction Acceptance 193.2303 77 Corrosion Control 193.2304 77 Definitions 193.2007 73 Design Covered Systems 193.2167 76 Dikes 193.2161 76 Records 193.2119 76 Storage Tanks 193.2155(b) 76 193.2181 76 193.2187 77 193.2321(b) 77 Structural Requirements 193.2155 76 Water Removal 193.2173 76 Equipment Control Center 193.2441 77 Power Sources 193.2445 77 Fire Protection 193.2801 82 Incident Report 191.15 14 Location Notice 193.2019(b) 75 Maintenance Atmospheric Corrosion Control 193.2627 80 Auxiliary Power Sources 193.2613 79 Control Systems 193.2619 80 Corrosion Protection 193.2625 80 External Corrosion Control 193.2629 80 Fire Protection 193.2611 79 193.2717 81 Foreign Material 193.2607 79 General Requirements 193.2603 79 Interference Currents 193.2633 80 Internal Corrosion Control 193.2631 80 193.2635 80 Isolating and Purging 193.2615 79 Maintenance Manual 193.2605(b) 79 193.2605(c) 79 Procedures 193.2605 79 193.2617 79 Recordkeeping 193.2639 80 Remedial Measures 193.2637 80 Repairs 193.2617 79 Storage Tank Inspection 193.2623 80 Support Systems 193.2609 79 Testing Transfer Hoses 193.2621 80 Mobile and Temporary Facilities 193.2019 75 Nondestructive Tests 193.2321 77 Operations Communication Systems 193.2519 79 193.2909 82 Cooldown 193.2505 78 Emergency Procedures 193.2509 78 Failure Investigations 193.2515 78 Monitoring 193.2507 78 Operating Procedures 193.2503 77 Operating Records 193.2521 79 Personnel Safety 193.2511 78 Purging 193.2517 79 Transfer Procedures 193.2513 78 Personnel Qualification and Training Construction 193.2705 81 Design 193.2703(a) 81 Fabrication 193.2703(b) 81 Fire Protection 193.2717 81 Inspection 193.2705 81 Installation 193.2705 81 Operation and Maintenance 193.2707 81 193.2713 81 Personnel Health 193.2711 81 Recordkeeping 193.2719 81 Security 193.2709 81 193.2715 81 Testing 193.2705 81 Plans and Procedures 193.2017 75 Reporting 193.2011 74 Security Alternative Power Sources 193.2915 82 Communications 193.2909 82 Lighting 193.2911 82 Monitoring 193.2913 82 Procedures 193.2903 82 Protective Enclosures 193.2905 82 193.2907 82 Warning Signs 193.2917 82 Siting Requirements Flammable Vapor-Gas Dispersion Protection 193.2059 75 Thermal Radiation Protection 193.2057 75 Wind Forces 193.2067 76

M Maintenance of Pipeline Facilities Abandonment 192.727 55 Accidental Ignition Prevention 192.751 56 Bell and Spigot Joints 192.753 56

146

INDEX

Maintenance of Pipeline Facilities (continued) Cast Iron Pipeline Protection 192.755 56 Compressor Stations Combustible Materials Storage 192.735 55 Gas Detection 192.736 55 Inspection and Testing of Relief Devices 192.731 55 Deactivation 192.727 55 Distribution Systems Leakage Survey 192.723 55 Patrolling 192.721 54 General Requirements 192.703 53 Leakage Surveys 192.706 53 192.723 55 Pressure Limiting and Regulating Stations Inspection and Testing 192.739 56 Relief Device Capacity 192.743 56 Telemetering or Recording Gauges 192.741 56 Test Requirements for Reinstating Service Lines 192.725 55 Transmission Lines Leakage Surveys 192.706 53 Line Markers for Mains/Transmission Lines 192.707 54 Patrolling 192.705 53 Permanent Field Repairs 192.713 54 192.715 54 192.717 54 Recordkeeping 192.709 54 Repairs, General 192.711 54 Testing of Repairs 192.719 54 Valve Maintenance 192.745 56 192.747 56 Vault Maintenance 192.749 56 Materials General 192.53 23 Marking of 192.63 24 Plastic Pipe 192.59 24 Steel Pipe 192.55 23 Meters and Regulators, Customer Installation 192.357 37 Location 192.353 37 Operating Pressure 192.359 38 Protection from Damage 192.355 37

N National Registry of Pipeline and LNG Operators 191.22 14 Notices Alcohol Testing 199.211 130 Customer Notification 192.16 23 Integrity Management 195.452(m) 115 Integrity Management, Gas Transmission Pipelines 192.949 66 192.951 66 Location of Portable LNG Facilities 193.2019(b) 75 Notice of Integrity Management, Program Change 192.909(b) 58 of Part 191 "Incidents" 191.5 13 Probable Violation 190.207 3 190.208 3

O Office of Management and Budget (OMB) Control Number Assignment 191.21 14 Offshore Pipeline Condition Reports 191.27 15 Oil Spill Response Plans, Onshore Oil Pipelines Definitions 194.5 83 General Plan Requirements 194.107 84 High Volume Areas 194 Appendix B 88 Information Summary 194.111 85 Interim Operating Authorization 194.7 84 Operating Restrictions 194.7 84 Operator'ss Statement of Significant and Substantial Harm 194.103 84 Operators Required to Submit 194.101 84 Plan Retention 194.111 85 Preparation Guidelines 194 Appendix A 86 Records 194.117(b) 86 Response Resources 194.115 85 Review and Update Procedures 194.121 86 Submission and Approval Procedures 194.119 86 Submission of State Response Plans, in lieu of 194.109 85 Training 194.117 85 Worst Case Discharge 194.105 84 Operation of Pipeline Facilities Change in Class Location Confirmation or Revision of Operating Pressure 192.611 46 Required Study 192.609 46 Continuing Surveillance 192.613 46 Control Room Management 192.631 52 Damage Prevention Program 192.614 46 Emergency Plan 192.615 47 Failure Investigation 192.617 48 General Provisions 192.603 45 Maximum Allowable Operating Pressure 192.619 48 High-Pressure Distribution Systems 192.621 51 192.623 51 Odorization of Gas 192.625 52 Procedural Manual 192.605 45 Public Awareness 192.616 47 Purging Pipelines 192.627 52 Records 192.603(b) 45 Tapping Pipelines Under Pressure 192.627 52 Underwater Inspection and Reburial 192.612 46 Operator Identification Number (OPID) Reporting 191.22(d) 15 Request 191.22(a) 14 Validation 191.22(b) 14

Section # Page #

Records

P Penalties Civil Assessment Considerations 190.225 5 Generally 190.221 5 Maximum Penalties 190.223 5 Payment 190.227 5 Criminal 190.291 8 Referral for Prosecution 190.293 8 Personnel Qualification, Pipelines Definitions 192.803 57 General Requirements 192.809 57 Qualification Program 192.803 57 Recordkeeping 192.807 57 Petitions for Reconsideration 190.243 8 Petitions, Finding or Approval 190.9 2 Petroleum Gas Systems 192.11 22 Pipe Cast Iron 192.275 34 Copper 192.277 34 Ductile Iron 192.277 34 Pipe Design Alternative Maximum Allowable Operating Pressure 192.112 25 Design Factor 192.111 25 Design Formula for Steel Pipe 192.105 24 Design Limitations for Plastic Pipe 192.123 27 Design of Copper Pipe 192.125 27 Design of Plastic Pipe 192.121 26 General 192.103 24 Longitudinal Joint Factor for Steel Pipe 192.113 26 Nominal Wall Thickness 192.109 24 Temperature Derating Factor 192.115 26 Yield Strength 192.107 24 Pipe, Cast Iron, see Cast Iron Pipe Pipe, Copper, see Copper Pipe Pipe, Ductile Iron, see Ductile Iron Pipe Pipeline Components, Design Bottle-Type Holders 192.175 30 Components Fabricated by Welding 192.153 28 Compressor Stations Accessibility 192.185 31 Additional Safety Equipment 192.171 30 Design and Construction 192.163 29 Drainage 192.189 31 Emergency Shutdown 192.167 29 Liquid Removal 192.165 29 Pressure Limiting Devices 192.169 30 Sealing 192.187 31 Vault Structural Design 192.183 30 Ventilation 192.173 30 Waterproofing 192.189 31 Control Components 192.203 32 Control of High-Pressure Gas 192.197 31 Design Pressure of Plastic Fittings 192.191 31 Extruded Outlets 192.157 29 Flanges and Flange Accessories 192.144 27 Flexibility 192.159 29 General Requirements 192.143 27 Instrument Components 192.203 32 Internal Inspection Devices 192.150 28 Overpressuring Protection 192.195 31 Pipe-Type Holders 192.175 30 Pressure Relief and Limiting Devices 192.199 32 Pressure Relieving and Limiting Stations 192.201 32 Qualifying Metallic Components 192.144 27 Sampling Pipe Components 192.203 32 Standard Fittings 192.149 28 Supports and Anchors 192.161 29 Taps 192.151 28 Valves Distribution Line 192.181 30 Generally 192.144 27 Plastic Pipes 192.193 31 Transmission Line 192.179 30 Vaults Structural Design 192.183 30 Ventilation 192.187 31 Welded Branch Connections 192.155 28 Plastic Pipe Design 192.121 26 Design Limitations 192.123 27 Installation in Transmission Lines and Mains 192.321 36 Joining of Materials Other Than by Welding Joint Inspection 192.287 35

Section # Page #

Plastic Pipe (continued) Joining Other Than by Welding 192.281 34 Qualifying Joining Procedures 192.283 34 Qualifying Persons to Make Joints 192.285 35 Materials 192.59 24 Pipeline Facility Maximum Allowable Operating Pressure 192.619 48 192.620 48 Plastic Fittings 192.191 31 Repair of Transmission Lines and Mains 192.311 35 Service Lines 192.375 38 Test Requirements 192.513 43 Transportation by Pipeline, Hazardous Liquids Definitions 195.8 95 Transportation of Carbon Dioxide 195.8 95 Uprating 192.557 44 Valves 192.193 31 Power Sources 193.2445 77 193.2613 79 193.2905(a)(10) 82 193.2915 82 Pressure Limiting and Regulating Stations Inspection and Testing 192.739 56 Relief Device Capacity 192.743 56 Telemetering or Recording Gauges 192.741 56 Procedures for Adoption of Rules Additional Proceedings 190.325 9 Adoption of Final Rules 190.329 9 Appeals 190.338 10 Comment Consideration 190.323 9 Contents of Written Comments 190.321 9 Delegations 190.303 8 Filing Petitions 190.309 9 General 190.311 9 Hearings 190.327 9 Initiation of Rulemaking 190.313 9 Notice of Proposed Rulemaking Contents 190.315 9 Participation 190.317 9 Petition Processing 190.301 8 Petitions 190.333 10 190.335 10 190.337 10 Direct Final Rulemaking 190.339 10 Petitions for Comment Extension 190.319 9 Petitions for Reconsideration 190.335 10 190.337 10 Petitions for Rulemaking 190.331 9 Records 190.307 8 Regulatory Dockets 190.305 8 Special Permist 190.341 10 Purging LNG Facilities 193.2517 79 193.2615 79 Pipelines 192.627 52

IX Subject Index

Orders Compliance 190.217 5 Consent 190.219 5 Corrective 190.233 5 Final 190.213 5 Finality of 190.241 8 Safety 190.239 6 Outer Continental Shelf Pipelines 192.10 22 Overpressuring, Protection 192.195 31

R Railroad Transportation of Pipe 192.65(a) 24 Records Alarm Management Plan 192.631(e) 53 Alcohol Misuse Policy 199.239 133 Alcohol Misuse Testing 199.227 131 Alcohol Testing Results 199.229 132 199.231 132 Anti-Drug Plan 199.101 128 Baseline Assessment Plan 192.919 60 Certification of Maximum Allowable Operating Pressure 192.620(c) 49 Control Room Management 192.631 52 Conversion of Steel Pipeline to Carry Hazardous Liquids 195.5(c) 93 Conversion to Service 192.14(b) 23 Corrosion Control 192.476(d) 41 192.491 42 Customer Notification 192.16(d) 23 Drug and Alcohol TestingStand-Down Waivers 199.7 127 Drug Testing 199.117 130 Emergency Procedures Manual, LNG Facilities 193.2509(b) 78 Hazardous Liquid Pipelines Baseline Assessment Plan 195.452(c) 112 Corrosion Control 195 Appendix C 123 195.589 119 Maps and Records 195.404 108 Operator Records for Investigations 195.60 98 Pipeline Personnel Qualification Program 195.505 115 195.507 116 Pressure Testing 195.303(h) 105 195.310 106 Submission of 195.59 98 Hazardous Liquids Pipelines Operation and Maintenance 195.446(j) 112 Integrity Management Plan, Gas Distribution Pipelines 192.1007 67 192.1009 67 192.1011 68 192.1015 68 Integrity Management Plan, Gas Transmission Pipelines 192.907(a) 58 192.947 66 LNG Facilities 193.2119 76 Emergency Procedures Manual 193.2509(b) 78 Maintenance 193.2639 80 Maintenance Procedures Manual 193.2605(b) 79 193.2605(c) 79 Operating Procedures Manual 193.2503 77 Operating Records 193.2521 79 Records Plans and Procedures in General 193.2017 75 Security Procedures Manual 193.2903 82 Transfer Procedures Manual 193.2513 78 Oil Spill Response Plan Training 194.117(b) 86 Operation of Pipeline Facilities 192.603(b) 45 Pipeline Facility Damage Prevention Program 192.614 46 Pipeline Facility Emergency Plan 192.615 47 Pipeline Facility Public Education Program 192.616 47 Pipeline Personnel Qualification 192.807 57 192.809 57 Pipeline Testing 192.517 43 Procedural Manual for Pipeline Facilities 192.605 45

INDEX

147

Records Records (continued) Rulemaking Proceedings 190.307 8 Training LNG Facilities 193.2719 81 Transmission Lines 192.709 54 Transportation by Pipeline, Hazardous Liquids Accident Reports 195.50 97 195.54 97 Annual Report 195.49 97 Construction 195.266 104 Conversion to Service 195.5(c) 93 Integrity Management 195.452(l) 115 Offshore Pipeline Condition Reports 195.57 98 Procedural Manual 195.402 106 Rural Gathering Lines 195.11(d) 95 Rural Low-Stress Pipelines 195.12(f) 97 Safety-Related Condition Reports 195.56 98 Submission Of 195.58 98 Uprating 192.553(b) 44 Welding Procedures 195.214(b) 102 Regulators, Customer, see Meters and Regulators, Customer192.353 37 Relief Devices 192.743 56 Repairs Transmission Lines General 192.711 54 Permanent Field Repair 192.713 54 192.715 54 192.717 54 Testing of Repairs 192.719 54 Reporting Safety-Related Conditions Conditions Not Requiring Report 191.23(b) 15 Conditions to Report 191.23(a) 15 Filing Safety-Related Condition Report 191.25 15 Reports Distribution System Annual Report 191.11 14 192.383(c) 39 Distribution System Incident Report 191.9 14 Distribution System Mechanical Fitting Failure Report 191.12 14 Gathering Systems Annual Report 191.17 14 Gathering Systems Incident Report 191.15 14 Liquefied Natural Gas Annual Report 191.17 14 LNG Facilities Incident Report 191.15 14 LNG Facilities, Reporting in General 193.2011 74 Offshore Pipeline Condition Report 191.27 15 Safety-Related Condition Report 191.25 15 Submission Under Part 191 191.7 13 Transmission System Annual Report 191.17 14 Transmission Systems Incident Report 191.15 14 Rules of Regulatory Construction 192.15 23

S Safety Order Conduct of. 190.239(b)(4) 7 Finality of. 190.241 8 Hearing. 190.239(b)(3) 7 in General. 190.239 6 Informal Consultation. 190.239(b)(2) 7 Information Included. 190.239(e) 7 Integrity Risk Determination. 190.239(c) 7 Notice. 190.239(b)(1) 7 Other Enforcement Actions. 190.239(f) 7 Petition for Reconsideration. 190.239(g) 7 Post-Hearing Action. 190.239(b)(5) 7 Risk Condition Factors. 190.239(d) 7 Termination. 190.239(b)(6) 7 When Issued. 190.239(a) 6 Separation of Functions. 190.210 4 Service Lines Cast or Ductile Iron Mains. 192.369 38. 192.373 38 Copper. 192.377 38 Excess Flow Valves. 192.381 39. 192.383 39 Installation. 192.361 38 Main Piping Connections. 192.367 38 New Lines Not in Use. 192.379 38 Plastic. 192.375 38 Replaced. 192.383(a) 39 Serving Single-Family Residence. 192.383(a) 39 Steel. 192.371 38 Test Requirements. 192.511 43 Test Requirements for Reinstating. 192.725 55 Valves General Requirements. 192.363 38 Location. 192.365 38 Ship or Barge Transportation of Pipe. 192.65(b) 24 Steel Pipe Additional Construction Requirements. 192.328 37 Additional Design Requirements. 192.112 25 Bends and Elbows in Transmission Lines and Mains. 192.313 35 Conversion to Hazardous Liquids Pipeline. 195.5 93 Design Factor. 192.111 25 Design Formula. 192.105 24 Hazardous Liquid Pipelines Corrosion Control. 195.551 116. 195.553 116. 195.555 116. 195.557 116. 195.559 116. 195.561 116. 195.563 116. 195.565 117. 195.567 117. 195.569 117. 195.571 117. 195.573 117. 195.575 117. 195.577 118. 195.579 118. 195.581 118. 195.583 118. 195.585 118. 195.587 118. 195.588 118. 195.589 119. 195 Appendix A 119. 195 Appendix B 120. 195 Appendix C 121 Pressure Testing. 195.300 104. 195.302 104. 195.303 104. 195.304 105. 195.305 105. 195.306 105. 195.307 106. 195.308 106. 195.310 106

148

INDEX

Steel Pipe (continued) Longitudinal Joint Factor 192.113 26 Materials 192.55 23 Pipeline Facility Maximum Allowable Operating Pressure 192.619 48 192.620 48 Repair of Transmission Lines and Mains 192.309 35 Service Lines 192.371 38 Strength Test 192.505 43 Temperature Derating Factor 192.115 26 Uprating 192.555 44 192.557 44 Wrinkle Bends in Transmission Lines and Mains 192.315 36 Storage Tanks, LNG Facilities 193.2155(b) 76 193.2181 76 193.2187 77 193.2321 77 193.2623 80 Subpoenas 190.7 1 Supports 192.161 29

T Tapping Pipelines Under Pressure 192.627 52 Taps 192.151 28 Test Requirements Environmental Protection 192.515(b) 43 General Requirements 192.503 42 Non-Plastic Pipelines 192.507 43 192.509 43 Plastic Pipe 192.513 43 Pressure Limiting and Regulating Stations 192.739 56 Records 192.517 43 Reinstating Service Lines 192.725 55 Relief Devices 192.731 55 Safety Requirements 192.515(a) 43 Service Lines 192.511 43 Strength Test, Steel 192.505 43 Transmission Line Repairs 192.719 54 Thermal Radiation Protection 193.2057 75 Training Alcohol Misuse Prevention, Supervisor 199.241 133 Control Room 192.631(d)(2) 52 192.631(g) 53 192.631(h) 53 Controller, Hazardous Liquid Pipelines 195.446(h) 111 Gas Transmission Pipelines, Integrity Management 192.915 59 LNG Facilities 193.2701 81 193.2703 81 193.2705 81 193.2707 81 193.2709 81 193.2711 81 193.2713 81 193.2715 81 193.2717 81 193.2719 81 Oil Spill Response Plans, Onshore Oil Pipelines 194.117 85 Pipeline Personnel Qualification Program 192.805 57 Training and Education on Drug Use 199.113 129 199.115 129 Transmission Lines and Mains Compliance with Specifications or Standards 192.303 35 Design and Construction 192.476 41 General Construction Requirements Bends and Elbows 192.313 35 Casing 192.323 36 Cover 192.327 36 Inspections, General 192.305 35 Inspections, Materials 192.307 35 Installation in Ditch 192.319 36 Plastic Pipe Installation 192.321 36 Plastic Pipe Repair 192.311 35 Protection from Hazards 192.317 36 Steel Pipe Repair 192.309 35 Steel Pipe, Additional Requirements 192.328 37 Underground Clearance 192.325 36 Wrinkle Bends 192.315 36 Line Markers 192.707 54 Permanent Field Repairs 192.713 54 192.715 54 192.717 54 Recordkeeping 192.709 54 Remedial Measures, Corrosion Control 192.485 42 Repairs, General 192.711 54 Testing of Repairs 192.719 54 Transmission Lines, see also Integrity Management, Gas Transmission Pipelines192.903 57 Transmission Systems Annual Report 191.17 14 Incident Report 191.15 14 Transportation by Pipeline, Hazardous Liquids Abandonment or Deactivation of Facilities 195.59 98 Annual Report 195.49 97 Breakout Tanks 195.1(c) 90 Breakout Tanks, Aboveground 195.557 116 195.573(d) 117 195.579(d) 118 Compatibility 195.4 93 Construction Arc Burns, Welding 195.226 102 Backfilling 195.252 103 Bending of Pipe 195.212 102 Breakout Tanks, Aboveground 195.205 101 195.264 103 Clearance, Underground 195.250 103 Compliance with Specification Standards 195.202 101 Components, Aboveground 195.254 103 Covering of Buried Pipeline 195.248 103 Crossing Railroads and Highways 195.256 103 Inspection, General 195.204 101 Inspection, Welding 195.228 102 Installation of Pipe in a Ditch 195.246 103 Material Inspection 195.206 101 Miter Joints, Welding 195.216 102 Nondestructive Testing, Welding 195.234 102 Pipeline Location 195.210 102 Pumping Equipment 195.262 103 Qualification of Welders 195.222 102

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Welding

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Transportation by Pipeline, Hazardous Liquids (continued) Pressure Testing Breakout Tanks 195.307 106 Components 195.305 105 General Requirements 195.302 104 of Tie-Ins 195.308 106 Records 195.303(h) 105 195.310 106 Risk-Based Alternative for Older Pipelines 195.303 104 Test Medium 195.306 105 Test Pressure 195.304 105 Records 195.5(c) 93 195.11(d) 95 195.12(f) 97 195.50 97 195.54 97 195.404 108 195.505 115 195.507 116 195.559 116 195.589 119 195 Appendix C 123 Regulated Rural Gathering Lines 195.11 95 Reporting Accidents 195.50 97 195.54 97 Reporting Safety-Related Conditions 195.55 97 195.56 98 Unusually Sensitive Areas 195.6 93 195.11(c) 95 Welding 195.214 102 195.216 102 195.222 102 195.224 102 195.226 102 195.228 102 195.230 102 195.234 102 Transportation by Pipeline, see Transportation by Pipeline, Hazardous Liquids195.1 89 Transportation of Pipe Railroad 192.65(a) 24 Ship or Barge 192.65(b) 24

IX Subject Index

Transportation by Pipeline, Hazardous Liquids (continued) Construction (continued) Records 195.266 104 Repair or Removal of Defects, Welding 195.230 102 Standards of Acceptability, Welding 195.228 102 Supports and Braces, Welding 195.214 102 Transportation of Pipe 195.207 101 Valves 195.258 103 195.260 103 Weather, Welding 195.224 102 Welding Procedures 195.214 102 Conversion of Steel Pipeline to Service 195.5 93 Corrosion Control Atmospheric Corrosion 195.581 118 195.583 118 Cathodic Protection 195.563 116 195.565 117 195.571 117 195.573 117 195.589(a) 119 Coating Materials 195.559 116 Correcting Corroded Pipe 195.585 118 Delineation Between Federal and State Jurisdiction 195.Appendix A 119 Determining Pipe Strength 195.587 118 Direct Assessment 195.588 118 Electrical Isolation 195.575 117 Examination of Exposed Buried Pipelines 195.569 117 External Corrosion, Monitoring 195.573 117 Guidance for Integrity Management Program Implementation 195 Appendix C 121 Inspection 195.561 116 Interference Currents 195.577 118 Mitigating Internal Corrosion 195.579 118 Pipelines Requiring 195.557 116 Records 195.Appendix C VI. 123 195.589 119 Risk-Based Alternative to Pressure Testing 195.Appendix B 120 Supervisor Qualification 195.555 116 Test Leads 195.567 117 Definitions 195.2 90 195.6 93 195.6(a) 93 195.6(b) 93 195.8 95 195.11(a) 95 195.12(b) 95 195.442 110 195.450 112 195.503 115 Design Requirements Breakout Tanks, Aboveground 195.132 101 Computational Pipeline Monitoring Leak Detection 195.132 101 Closures 195.124 101 External Loads 195.110 100 External Pressure 195.108 100 Fabricated Assemblies 195.130 101 Fabricated Branch Connections 195.122 101 Fittings 195.118 100 195.120 100 Flange Connection 195.126 101 Fracture Propagation 195.111 100 Internal Design Pressure 195.106 99 New Pipe 195.112 100 Pressure Variation 195.104 99 Qualifying Metallic Components Other Than Pipe 195.101 99 Station Piping 195.128 101 Temperature 195.102 99 Used Pipe 195.114 100 Valves 195.116 100 Filing Offshore Pipeline Condition Reports 195.57 98 195.58 98 Low-Stress Pipelines in Rural Areas 195.12 95 Operation and Maintenance Access and Egress onto Floating Roofs 195.405(b) 108 Alarm Management Plan 195.446(e) 111 Baseline Assessment Program 195.452(c) 112 Breakout Tanks 195.405 108 195.432 110 Computational Pipeline Monitoring Leak Detection 195.444 111 Communications 195.408 108 Control Room Management 195.446 111 Controller Training 195.446(h) 111 Damage Prevention Program 195.442 110 Emergency Response Training 195.403 107 Firefighting Equipment 195.430 109 General Requirements 195.401 106 Inspections of Rights-of-Way Crossings Under Navigable Waters 195.412 109 Ignition Protection 195.405 108 Integrity Management Program 195.452 112 Line Markers 195.410 108 Maps 195.404 108 Maximum Operating Pressure 195.406 108 Overfill Protection Systems 195.428 109 Overpressure Safety Devices 195.428 109 Pipeline Integrity Management in High Consequence Areas 195.452 112 Pipe Movement 195.424 109 Prohibition Against Smoking or Open Flames 195.438 110 Procedural Manual 195.402 106 Public Awareness 195.440 110 Qualification of Pipeline Personnel 195.505 115 195.507 116 195.509 116 Records 195.404 108 195.446(j) 112 195.452(l) 115 Repairs, General 195.401(b) 106 Repairs, Pipeline 195.422 109 Scraper and Sphere Facilities 195.426 109 Security 195.436 110 Signs 195.434 110 Underwater Inspection and Reburial 195.413 109 Valve Maintenance 195.420 109 Operator Responsibility 195.10 95 Outer Continental Shelf Pipelines 195.9 95 Pipelines Covered 195.1 89

U Uprating General Requirements 192.553 44 Records 192.553(b) 44 Steel Pipelines 192.555 44 192.557 44 Written Plan 192.553(c) 44

V Valves Distribution Line 192.181 30 Excess Flow Valve Installation 192.383 39 General Requirements, Service Lines 192.363 38 Hazardous Liquid Pipelines 195.116 100 195.258 103 195.260 103 in General 192.145 27 Maintenance Distribution Lines 192.747 56 Transmission Lines 192.745 56 Maintenance on Pipelines 195.420 109 Plastic Pipe 192.193 31 Service Lines Excess Flow Valves 192.381 39 192.383 39 General Requirements 192.363 38 Location 192.365 38 Transmission Lines 192.179 30 Vaults Accessibility 192.185 31 Drainage 192.189 31 Maintenance 192.749 56 Sealing 192.187 31 Structural Design Requirements 192.183 30 Venting and Ventilation 192.187 31 Waterproofing 192.189 31

W Warning Letters 190.205 3 Warning signs Line Markers 192.707(d) 54 LNG Facilities 193.2917 82 Welding Accidental Ignition Prevention 192.751(b) 56 Hazardous Liquid Pipelines 195.208 102 195.214 102 195.216 102 195.222 102 195.224 102 195.226 102 195.228 102 195.230 102 195.234 102 Inspection and Test of Welds 192.241 33 192.243 33 Miter Joints 192.233 33 Preparation 192.235 33 Procedures 192.225 32 Repair or Removal of Defects 192.245 33 Transmission Lines, Permanent Field Repair 192.715 54 Weather Protection 192.231 33 Welder Limitations 192.229 33 Welder Qualification 192.227 32 Witness Fees 190.7 1

Y Yield Strength, Steel Pipe 192.107 24

INDEX

149

Welding

Notes

150

INDEX

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