e-CFR banner

Home
gpo.gov
govinfo.gov

e-CFR Navigation Aids

Browse

Simple Search

Advanced Search

 — Boolean

 — Proximity

 

Search History

Search Tips

Corrections

Latest Updates

User Info

FAQs

Agency List

Incorporation By Reference

eCFR logo

Related Resources

 

Electronic Code of Federal Regulations

e-CFR data is current as of September 19, 2019

Title 49Subtitle BChapter ISubchapter DPart 195 → Subpart G


Title 49: Transportation
PART 195—TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE


Subpart G—Qualification of Pipeline Personnel


Contents
§195.501   Scope.
§195.503   Definitions.
§195.505   Qualification program.
§195.507   Recordkeeping.
§195.509   General.

Source: Amdt. 195-67, 64 FR 46866, Aug. 27, 1999, unless otherwise noted.

§195.501   Scope.

(a) This subpart prescribes the minimum requirements for operator qualification of individuals performing covered tasks on a pipeline facility.

(b) For the purpose of this subpart, a covered task is an activity, identified by the operator, that:

(1) Is performed on a pipeline facility;

(2) Is an operations or maintenance task;

(3) Is performed as a requirement of this part; and

(4) Affects the operation or integrity of the pipeline.

§195.503   Definitions.

Abnormal operating condition means a condition identified by the operator that may indicate a malfunction of a component or deviation from normal operations that may:

(a) Indicate a condition exceeding design limits; or

(b) Result in a hazard(s) to persons, property, or the environment.

Evaluation means a process, established and documented by the operator, to determine an individual's ability to perform a covered task by any of the following:

(a) Written examination;

(b) Oral examination;

(c) Work performance history review;

(d) Observation during:

(1) performance on the job,

(2) on the job training, or

(3) simulations;

(e) Other forms of assessment.

Qualified means that an individual has been evaluated and can:

(a) Perform assigned covered tasks and

(b) Recognize and react to abnormal operating conditions.

[Amdt. 195-67, 64 FR 46866, Aug. 27, 1999, as amended by Amdt. 195-72, 66 FR 43524, Aug. 20, 2001]

§195.505   Qualification program.

Each operator shall have and follow a written qualification program. The program shall include provisions to:

(a) Identify covered tasks;

(b) Ensure through evaluation that individuals performing covered tasks are qualified;

(c) Allow individuals that are not qualified pursuant to this subpart to perform a covered task if directed and observed by an individual that is qualified;

(d) Evaluate an individual if the operator has reason to believe that the individual's performance of a covered task contributed to an accident as defined in Part 195;

(e) Evaluate an individual if the operator has reason to believe that the individual is no longer qualified to perform a covered task;

(f) Communicate changes that affect covered tasks to individuals performing those covered tasks;

(g) Identify those covered tasks and the intervals at which evaluation of the individual's qualifications is needed;

(h) After December 16, 2004, provide training, as appropriate, to ensure that individuals performing covered tasks have the necessary knowledge and skills to perform the tasks in a manner that ensures the safe operation of pipeline facilities; and

(i) After December 16, 2004, notify the Administrator or a state agency participating under 49 U.S.C. Chapter 601 if the operator significantly modifies the program after the administrator or state agency has verified that it complies with this section. Notifications to PHMSA may be submitted by electronic mail to InformationResourcesManager@dot.gov, or by mail to ATTN: Information Resources Manager DOT/PHMSA/OPS, East Building, 2nd Floor, E22-321, New Jersey Avenue SE., Washington, DC 20590.

[Amdt. 195-67, 64 FR 46866, Aug. 27, 1999, as amended by Amdt. 195-84, 70 FR 10336, Mar. 3, 2005; Amdt. 195-100, 80 FR 12780, Mar. 11, 2015]

§195.507   Recordkeeping.

Each operator shall maintain records that demonstrate compliance with this subpart.

(a) Qualification records shall include:

(1) Identification of qualified individual(s);

(2) Identification of the covered tasks the individual is qualified to perform;

(3) Date(s) of current qualification; and

(4) Qualification method(s).

(b) Records supporting an individual's current qualification shall be maintained while the individual is performing the covered task. Records of prior qualification and records of individuals no longer performing covered tasks shall be retained for a period of five years.

§195.509   General.

(a) Operators must have a written qualification program by April 27, 2001. The program must be available for review by the Administrator or by a state agency participating under 49 U.S.C. Chapter 601 if the program is under the authority of that state agency.

(b) Operators must complete the qualification of individuals performing covered tasks by October 28, 2002.

(c) Work performance history review may be used as a sole evaluation method for individuals who were performing a covered task prior to October 26, 1999.

(d) After October 28, 2002, work performance history may not be used as a sole evaluation method.

(e) After December 16, 2004, observation of on-the-job performance may not be used as the sole method of evaluation.

[Amdt. 195-67, 64 FR 46866, Aug. 27, 1999, as amended by Amdt. 195-72, 66 FR 43524, Aug. 20, 2001; Amdt. 195-84, 70 FR 10336, Mar. 3, 2005]

Need assistance?