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Standards Incorporated by Reference

PHMSA currently incorporates by reference into 49 CFR Parts 192, 193, and 195 all or parts of more than 60 standards and specifications developed and published by standard developing organizations (SDO's). In general, SDOs update and revise their published standards every 3 to 5 years to reflect modern technology and best technical practices.

The National Technology Transfer and Advancement Act of 1995 (Pub. L. 104-113) directs Federal agencies to use voluntary consensus standards in lieu of government-written standards whenever possible. Voluntary consensus standards are standards developed or adopted by voluntary bodies that develop, establish, or coordinate technical standards using agreed-upon procedures. In addition, Office of Management and Budget (OMB) issued OMB Circular A-119 to implement Section 12 (d) of Pub. L. 104-113 relative to the utilization of consensus technical standards by federal agencies. This Circular provides guidance for agencies participating in voluntary consensus standards bodies and describes procedures for satisfying the reporting requirements in Pub. L. 104-113.

In accordance with the preceding provisions, PHMSA has the responsibility for determining, via petitions or otherwise, which currently referenced standards should be updated, revised, or removed, and which standards should be added to 49 CFR Parts 192, 193, and 195. Revisions to incorporated by reference materials in 49 CFR Parts 192, 193, and 195 are handled via the rulemaking process, which allows for the public and regulated entities to provide input. During the rulemaking process, PHMSA must also obtain approval from the Office of the Federal Register to incorporate by reference any new materials.

On January 3, 2012, President Obama signed the Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011, Public Law 112-90 (Act). Section 24 states "Beginning 1 year after the date of enactment of this subsection, the Secretary may not issue guidance or a regulation pursuant to this chapter that incorporates by reference any documents or portions thereof unless the documents or portions thereof are made available to the public, free of charge, on an Internet Web site." 49 U.S.C. § 60102(p).

On August 9, 2013, Public Law 113-30 revised 49 U.S.C. § 60102(p) to replace "1 year" with "3 years" and remove the phrases "guidance or" and ",on an Internet Web site." This resulted in the current language in 49 U.S.C. § 60102(p), which now reads as follows:

"Beginning 3 years after the date of enactment of this subsection, the Secretary may not issue a regulation pursuant to this chapter that incorporates by reference any documents or portions thereof unless the documents or portions thereof are made available to the public, free of charge."

Further, the Office of the Federal Register issued a November 7, 2014 (79 FR 66278) rulemaking that revised 1 CFR 51.5 to require that agencies detail in the preamble of a proposed rulemaking the ways that the materials it proposes to incorporate by reference are reasonably available to interested parties or how it worked to make those materials reasonably available to interested parties.

The following SDOs have posted free viewable copies of their standards. Copies of these standards may also be viewed at the Office of the Federal Register, PHMSA Headquarters in Washington, D.C., and at all regional PHMSA offices.

Pipeline Standards
Standard Developing Organization Address/Contact Information
American Gas Association 400 North Capitol Street, NW.,
Washington, DC 20001
(202) 824-7000
http://www.aga.org/
American Petroleum Institute (API) 1220 L Street, NW.,
Washington, DC 20005
(202) 289-2250
http://api.org/
American Society For Testing and Materials (ASTM) 100 Barr Harbor Drive
PO Box C700,
West Conshohocken,
PA 19428-2959
(610) 832-9585
http://www.astm.org/
Manufacturers Standardization Society of the Valve and Fitting Industry (MSS) 127 Park St. NE.,
Vienna, VA 22180-4602
(703) 281-6613
https://mss-hq.org/
National Fire Protection Association (NFPA) 1 Batterymarch Park
Quincy, Massachusetts, 02169-7471
(617) 984-7275
http://www.nfpa.org/
NACE 1440 South Creek Drive,
Houston, TX 77084-4906
(281) 228-6223 or (800) 797-6223
http://www.nace.org/home.aspx

The following SDOs have posted free viewable copies of certain standards that have been proposed in the applicable rulemakings. (These links are active during the comment period of the rulemaking)

Pipeline Standards Developing Organizations
Standard Developing Organization Associated Proposed Rulemaking (Comment Period) Address/Contact Information
ASME International (ASME) Plastic Pipe
The comment period for the Plastic Pipe Rule is set for Thursday, May 20, 2015 through  Friday, July 31, 2015.
Two Park Avenue,
New York, NY 10016,
(800) 843-2763 (U.S./Canada),
http://www.asme.org/
American Society For Testing and Materials (ASTM) Plastic Pipe
The comment period for the Plastic Pipe Rule is set for Thursday, May 20, 2015 through  Friday, July 31, 2015.
100 Barr Harbor Drive
PO Box C700,
West Conshohocken,
PA 19428-2959
(610) 832-9585
http://www.astm.org/
Plastic Pipe Institute Plastic Pipe
The comment period for the Plastic Pipe Rule is set for Thursday, May 20, 2015 through  Friday, July 31, 2015.
105 Decker Court,
Suite 825
Irving TX 75062,
(469) 499-1044,
http://www.plasticpipe.org/
American Petroleum Institute (API)

Operator Qualification, Cost Recovery, Accident and Incident Notification, and Other Pipeline Safety Proposed Changes The comment period for the Operator Qualification, Cost Recovery, Accident and Incident Notification, and Other Pipeline Safety Proposed Changes proposed rule is set for 7/10/2015 through 9/8/2015.

Gas Transmission NPRM comment period from March 21st to July 1st, 2016

1220 L Street, NW.,
Washington, DC 20005
(202) 289-2250
http://api.org/
NACE

Operator Qualification, Cost Recovery, Accident and Incident Notification, and Other Pipeline Safety Proposed Changes The comment period for the Operator Qualification, Cost Recovery, Accident and Incident Notification, and Other Pipeline Safety Proposed Changes proposed rule is set for 7/10/2015 through 9/8/2015.

Gas Transmission NPRM comment period from March 21st to July 1st, 2016

1440 South Creek Drive,
Houston, TX 77084-4906
(281) 228-6223 or
(800) 797-6223
http://www.nace.org/home.aspx
American Society for Nondestructive Testing

Operator Qualification, Cost Recovery, Accident and Incident Notification, and Other Pipeline Safety Proposed Changes The comment period for the Operator Qualification, Cost Recovery, Accident and Incident Notification, and Other Pipeline Safety Proposed Changes proposed rule is set for 7/10/2015 through 9/8/2015.

Gas Transmission NPRM comment period from March 21st to July 1st, 2016

P.O. Box 28518
1711 Arlingate Lane,
Columbus, OH, 43228
https://asnt.org
Updated: Wednesday, June 7, 2017