DOT 49 CFR PART 198-2010 REGULATIONS FOR GRANTS TO AID STATE PIPELINE SAFETY PROGRAMS.pdf

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1、244 49 CFR Ch. I (10110 Edition) Pt. 198 (6) A performance measure based on inter-nal audits of the operators pipeline system per 49 CFR Part 195. (7) A performance measure based on exter-nal audits of the operators pipeline system per 49 CFR Part 195. (8) A performance measure based on oper-ational

2、 events (for example: relief occur-rences, unplanned valve closure, SCADA out-ages, etc.) that have the potential to ad-versely affect pipeline integrity. (9) A performance measure to demonstrate that the operators integrity management program reduces risk over time with a focus on high risk items.

3、(10) A performance measure to dem-onstrate that the operators integrity man-agement program for pipeline stations and terminals reduces risk over time with a focus on high risk items. VI. Examples of types of records an oper-ator must maintain. The rule requires an operator to maintain certain recor

4、ds. (See 195.452(l). This section provides examples of some records that an operator would have to maintain for inspec-tion to comply with the requirement. This is not an exhaustive list. (1) a process for identifying which pipelines could affect a high consequence area and a document identifying al

5、l pipeline segments that could affect a high consequence area; (2) a plan for baseline assessment of the line pipe that includes each required plan element; (3) modifications to the baseline plan and reasons for the modification; (4) use of and support for an alternative practice; (5) a framework ad

6、dressing each required element of the integrity management pro-gram, updates and changes to the initial framework and eventual program; (6) a process for identifying a new high consequence area and incorporating it into the baseline plan, particularly, a process for identifying population changes ar

7、ound a pipeline segment; (7) an explanation of methods selected to assess the integrity of line pipe; (8) a process for review of integrity assess-ment results and data analysis by a person qualified to evaluate the results and data; (9) the process and risk factors for deter-mining the baseline ass

8、essment interval; (10) results of the baseline integrity assess-ment; (11) the process used for continual evalua-tion, and risk factors used for determining the frequency of evaluation; (12) process for integrating and analyzing information about the integrity of a pipe-line, information and data us

9、ed for the infor-mation analysis; (13) results of the information analyses and periodic evaluations; (14) the process and risk factors for estab-lishing continual re-assessment intervals; (15) justification to support any variance from the required re-assessment intervals; (16) integrity assessment

10、results and anom-alies found, process for evaluating and reme-diating anomalies, criteria for remedial ac-tions and actions taken to evaluate and re-mediate the anomalies; (17) other remedial actions planned or taken; (18) schedule for evaluation and remedi-ation of anomalies, justification to suppo

11、rt deviation from required remediation times; (19) risk analysis used to identify addi-tional preventive or mitigative measures, records of preventive and mitigative actions planned or taken; (20) criteria for determining EFRD instal-lation; (21) criteria for evaluating and modifying leak detection

12、capability; (22) methods used to measure the pro-grams effectiveness. VII. Conditions that may impair a pipe-lines integrity. Section 195.452(h) requires an operator to evaluate and remediate all pipeline integrity issues raised by the integrity assessment or information analysis. An operator must d

13、e-velop a schedule that prioritizes conditions discovered on the pipeline for evaluation and remediation. The following are some exam-ples of conditions that an operator should schedule for evaluation and remediation. A. Any change since the previous assess-ment. B. Mechanical damage that is located

14、 on the top side of the pipe. C. An anomaly abrupt in nature. D. An anomaly longitudinal in orientation. E. An anomaly over a large area. F. An anomaly located in or near a casing, a crossing of another pipeline, or an area with suspect cathodic protection. Amdt. 19570, 65 FR 75409, Dec. 1, 2000, as

15、 amended by Amdt. 19574, 67 FR 1661, Jan. 14, 2002; Amdt. 19594, 75 FR 48608, Aug. 11, 2010 PARTS 196197 RESERVED PART 198REGULATIONS FOR GRANTS TO AID STATE PIPELINE SAFETY PROGRAMS Subpart AGeneral Sec. 198.1 Scope. 198.3 Definitions. Subpart BGrant Allocation 198.11 Grant authority. 198.13 Grant

16、allocation formula. VerDate Mar2010 11:22 Dec 13, 2010 Jkt 220214 PO 00000 Frm 00254 Fmt 8010 Sfmt 8010 Y:SGML220214.XXX 220214wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-245 Pipeline and Hazardous Materials Safe

17、ty Administration, DOT 198.13 Subpart CAdoption of One-Call Damage Prevention Program 198.31 Scope. 198.33 Reserved 198.35 Grants conditioned on adoption of one-call damage prevention program. 198.37 State one-call damage prevention program. 198.39 Qualifications for operation of one- call notificat

18、ion system. AUTHORITY: 49 U.S.C. 60105, 60106, 60114; and 49 CFR 1.53. SOURCE: 55 FR 38691, Sept. 20, 1990, unless otherwise noted. Subpart AGeneral 198.1 Scope. This part prescribes regulations gov-erning grants-in-aid for State pipeline safety compliance programs. 198.3 Definitions. As used in thi

19、s part: Administrator means the Adminis-trator, Pipeline and Hazardous Mate-rials Safety Administration or his or her delegate. Adopt means establish under State law by statute, regulation, license, cer-tification, order, or any combination of these legal means. Excavation activity means an exca-vat

20、ion activity defined in 192.614(a) of this chapter, other than a specific ac-tivity the State determines would not be expected to cause physical damage to underground facilities. Excavator means any person intend-ing to engage in an excavation activ-ity. One-call notification system means a communic

21、ation system that qualifies under this part and the one-call dam-age prevention program of the State concerned in which an operational cen-ter receives notices from excavators of intended excavation activities and transmits the notices to operators of underground pipeline facilities and other underg

22、round facilities that par-ticipate in the system. Person means any individual, firm, joint venture, partnership, corporation, association, state, municipality, coop-erative association, or joint stock asso-ciation, and including any trustee, re-ceiver, assignee, or personal represent-ative thereof.

23、Underground pipeline facilities means buried pipeline facilities used in the transportation of gas or hazardous liq-uid subject to the pipeline safety laws (49 U.S.C. 60101 et seq.). Secretary means the Secretary of Transportation or any person to whom the Secretary of Transportation has delegated a

24、uthority in the matter con-cerned. Seeking to adopt means actively and effectively proceeding toward adoption. State means each of the several States, the District of Columbia, and the Commonwealth of Puerto Rico. 55 FR 38691, Sept. 20, 1990, as amended by Amdt. 1982, 61 FR 18518, Apr. 26, 1996; 68

25、FR 11750, Mar. 12, 2003; 70 FR 11140, Mar. 8, 2005 Subpart BGrant Allocation SOURCE: Amdt. 1981, 58 FR 10988, Feb. 23, 1993, unless otherwise noted. 198.11 Grant authority. The pipeline safety laws (49 U.S.C. 60101 et seq.) authorize the Adminis-trator to pay out funds appropriated or otherwise make

26、 available up to 80 per-cent of the cost of the personnel, equip-ment, and activities reasonably re-quired for each state agency to carry out a safety program for intrastate pipeline facilities under a certification or agreement with the Administrator or to act as an agent of the Adminis-trator with

27、 respect to interstate pipe-line facilities. Amdt. 1985, 74 FR 62506, Nov. 30, 2009 198.13 Grant allocation formula. (a) Beginning in calendar year 1993, the Administrator places increasing emphasis on program performance in allocating state agency funds under 198.11. The maximum percent of each sta

28、te agency allocation that is based on performance follows: 199375 per-cent; 1994 and subsequent years100 percent. (b) A states annual grant allocation is based on maximum of 100 perform-ance points derived as follows: (1) Fifty points based on information provided in the states annual certifi-cation

29、/agreement attachments which document its activities for the past year; and VerDate Mar2010 11:22 Dec 13, 2010 Jkt 220214 PO 00000 Frm 00255 Fmt 8010 Sfmt 8010 Y:SGML220214.XXX 220214wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without licens

30、e from IHS-,-,-246 49 CFR Ch. I (10110 Edition) 198.31 (2) Fifty points based on the annual state program evaluation. (c) The Administrator assigns weights to various performance factors reflecting program compliance, safety priorities, and national concerns iden-tified by the Administrator and com-

31、municated to each State agency. At a minimum, the Administrator considers the following performance factors in allocating funds: (1) Adequacy of state operating prac-tices; (2) Quality of state inspections, in-vestigations, and enforcement/compli-ance actions; (3) Adequacy of state recordkeeping; (4

32、) Extent of state safety regulatory jurisdiction over pipeline facilities; (5) Qualifications of state inspectors; (6) Number of state inspection per-son-days; (7) State adoption of applicable fed-eral pipeline safety standards; and (8) Any other factor the Adminis-trator deems necessary to measure

33、per-formance. (d) Notwithstanding these perform-ance factors, the Administrator may, in 1993 and subsequent years, continue funding any state at the 1991 level, pro-vided its request is at the 1991 level or higher and appropriated funds are at the 1991 level or higher. (e) The Administrator notifies

34、 each state agency in writing of the specific performance factors to be used and the weights to be assigned to each factor at least 9 months prior to allocating funds. Prior to notification, PHMSA seeks state agency comments on any proposed changes to the allocation for-mula. (f) Grants are limited

35、to the appro-priated funds available. If total state agency requests for grants exceed the funds available, the Administrator pro-rates each state agencys allocation. Amdt. 1981, 58 FR 10988, Feb. 23, 1993, as amended at 70 FR 11140, Mar. 8, 2005 Subpart CAdoption of One-Call Damage Prevention Progr

36、am 198.31 Scope. This subpart implements parts of the pipeline safety laws (49 U.S.C. 60101 et seq.), which direct the Secretary to re-quire each State to adopt a one-call damage prevention program as a condi-tion to receiving a full grant-in-aid for its pipeline safety compliance program. Amdt. 198

37、2, 61 FR 18518, Apr. 26, 1996 198.33 Reserved 198.35 Grants conditioned on adop-tion of one-call damage prevention program. In allocating grants to State agen-cies under the pipeline safety laws, (49 U.S.C. 60101 et seq.), the Secretary con-siders whether a State has adopted or is seeking to adopt a

38、 one-call damage prevention program in accordance with 198.37. If a State has not adopted or is not seeking to adopt such program, the State agency may not receive the full reimbursement to which it would oth-erwise be entitled. Amdt. 1982, 61 FR 38403, July 24, 1996 198.37 State one-call damage pre

39、ven-tion program. A State must adopt a one-call dam-age prevention program that requires each of the following at a minimum: (a) Each area of the State that con-tains underground pipeline facilities must be covered by a one-call notifica-tion system. (b) Each one-call notification system must be ope

40、rated in accordance with 198.39. (c) Excavators must be required to notify the operational center of the one-call notification system that cov-ers the area of each intended exca-vation activity and provide the fol-lowing information: (1) Name of the person notifying the system. (2) Name, address and

41、 telephone num-ber of the excavator. (3) Specific location, starting date, and description of the intended exca-vation activity. However, an excavator must be allowed to begin an excavation activity in an emergency but, in doing so, required to notify the operational center at the earliest practicab

42、le moment. (d) The State must determine wheth-er telephonic and other communica-tions to the operational center of a one-call notification system under paragraph (c) of this section are to be toll free or not. VerDate Mar2010 11:22 Dec 13, 2010 Jkt 220214 PO 00000 Frm 00256 Fmt 8010 Sfmt 8010 Y:SGML

43、220214.XXX 220214wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-247 Pipeline and Hazardous Materials Safety Administration, DOT Pt. 199 (e) Except with respect to interstate transmission facilities as defined in the

44、 pipeline safety laws (49 U.S.C. 60101 et seq.), operators of underground pipeline facilities must be required to partici-pate in the one-call notification sys-tems that cover the areas of the State in which those pipeline facilities are located. (f) Operators of underground pipeline facilities part

45、icipating in the one-call notification systems must be required to respond in the manner prescribed by 192.614 (b)(4) through (b)(6) of this chapter to notices of intended exca-vation activity received from the oper-ational center of a one-call notification system. (g) Persons who operate one-call n

46、o-tification systems or operators of un-derground pipeline facilities partici-pating or required to participate in the one-call notification systems must be required to notify the public and known excavators in the manner pre-scribed by 192.614 (b)(1) and (b)(2) of this chapter of the availability a

47、nd use of one-call notification systems to lo-cate underground pipeline facilities. However, this paragraph does not apply to persons (including operators master meters) whose primary activity does not include the production, transpor-tation or marketing of gas or haz-ardous liquids. (h) Operators o

48、f underground pipeline facilities (other than operators of interstate transmission facilities as de-fined in the pipeline safety laws (49 U.S.C. 60101 et seq.), and interstate pipelines as defined in 195.2 of this chapter), excavators and persons who operate one-call notification systems who violate

49、 the applicable require-ments of this subpart must be subject to civil penalties and injunctive relief that are substantially the same as are provided under the pipeline safety laws (49 U.S.C. 60101 et seq.). 55 FR 38691, Sept. 20, 1990, as amended by Amdt. 1982, 61 FR 18518, Apr. 26, 1996 198.39 Qualifications for operation of one-call notification system. A one-call notification system quali-fies to operate under thi