{"operation":"document","citation":"PHMSA Guidance, 1993 Memorandum of Understanding Between DOT and FERC","title":"1993 Memorandum of Understanding Between DOT and FERC","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":null,"effective_on":null,"summary":"1993 Memorandum of Understanding Between DOT and FERC Document 1993_DOT_FERC.pdf (9.65 KB) To provide guidance and set policy for their respective technical staffs and the regulated natural gas pipeline industry regarding the execution of the agencies respective statutory responsibilities to ensure the safe and environmentally sound siting, design, construction, operations, and maintenance of natural gas transportati","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-guidance-1993-memorandum-understanding-between-dot-and-ferc-41bdde48.json","markdown":"https://regulus.evalyn.ai/document/phmsa-guidance-1993-memorandum-understanding-between-dot-and-ferc-41bdde48.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-guidance-1993-memorandum-understanding-between-dot-and-ferc-41bdde48","source_url":"https://www.phmsa.dot.gov/about-phmsa/1993-memorandum-understanding-between-dot-and-ferc","body":"1993 Memorandum of Understanding Between DOT and FERC\n\nDocument\n\n 1993_DOT_FERC.pdf (9.65 KB)\n\n        To provide guidance and set policy for their respective technical staffs and the regulated natural gas pipeline industry regarding the execution of the agencies respective statutory responsibilities to ensure the safe and environmentally sound siting, design, construction, operations, and maintenance of natural gas transportation facilities.\n\n          Effective Date: Friday, January 15, 1993\n\n<<<PAGE 1>>>\n\n1993 MOU: DOT and FERC Regarding Natural Gas Transportation Facilities\nMEMORANDUM OF UNDERSTANDING BETWEEN THE DEPARTMENT OF\nTRANSPORTATION\nAND THE FEDERAL ENERGY REGULATORY COMMISSION\nREGARDING NATURAL GAS TRANSPORTATION FACILITIES\nPurpose.\nThis purpose of this Memorandum of Understanding (MOU) between the Department of\nTransportation (Department) and the Federal Energy Regulatory Commission (Commission) is to\nprovide guidance and set policy for their respective technical staffs and the regulated natural gas\npipeline industry regarding the execution of the agencies respective statutory responsibilities to ensure\nthe safe and environmentally sound siting, design, construction, operations, and maintenance of natural\ngas transportation facilities.\nBackground.\nThe Department, through the Research and Special Programs Administration (RSPA), exercises the\nauthority to promulgate and enforce safety regulations and standards for the transportation of natural\ngas in or affecting interstate or foreign commerce. RSPA exercises its authority over natural gas\nfacilities under the Natural Gas Pipeline Safety Act of 1968, as amended, (NGPSA) (49 App. USC §\n1671, et seq.) and the Hazardous Materials Transportation Act (HMTA) (49 USC § 1801, et seq.).\nThe Regulations and standards promulgated under these authorities extend, inter alia, to the design,\ninstallation, construction, initial inspection, initial testing, operation, and maintenance of facilities used in\nthe transportation of natural gas by pipeline. The Department enforces compliance with these\nregulations and standards through an inspection program and, when appropriate, the imposition of civil,\ncriminal, or administrative remedies. Under criteria established by NGPSA, states are eligible to\nassume these regulatory and enforcement functions as they apply to intrastate pipeline transportation.\nAlthough intrastate facilities are not subject to this MOU, the regulations and standards governing\npipeline transportation promulgated by the Department generally apply to both interstate and intrastate\nfacilities.\nThe Commission, under Section 7 of the Natural Gas Act (15 USC § 717 et seq.), issues certificates of\npublic convenience and necessity with terms and conditions for facilities proposed for use in the sale for\nresale or transportation of natural gas in interstate commerce. As required by the National\nEnvironmental Policy Act (42 USC § 44321 et seq.), the Commission prepares environmental impact\nstatements or environmental assessments for proposed natural gas transmission facilities in conjunction\nwith the issuance of certificates.\nNatural gas pipeline companies may also construct certain natural gas transmission facilities under\nSection 311 of the Natural Gas Policy Act (15 USC § 3301 et seq.). Facilities constructed under this\n\n<<<PAGE 2>>>\n\nsection must comply with the environmental requirements of 18 CFR 157.206(d).\nIn addition, the Secretary of Energy under Section 3 of the Natural Gas Act (15 USC § 717 et seq)\nhas approval authority for the import and export of natural gas. The Secretary of Energy has delegated\nand assigned Section 3 authority to the Commission to approve gas import and export facilities and\ntheir siting.\nThis MOU acknowledges the Departments exclusive authority to promulgate Federal safety standards\nfor facilities used in the transportation of natural gas. However, under the Natural Gas Act, the\nCommission exercises the authority over the siting of interstate natural gas transmission facilities and\nmay impose conditions to mitigate the impact of construction or operation on the environment.\nResponsibilities.\nThe Department and the Commission agree to the following program:\n1. The Department shall:\na. Promptly alert the Commission when the Departments safety activities may impact the\nresponsibilities of the Commission.\nb. Establish a means to notify the Commission of major accidents (i.e., fatalities, multiple injuries\nrequiring hospitalization, or property damage exceeding $50,000) involving pipeline facilities under the\njurisdiction of the Commission.\nc. Establish a means to notify the Commission of significant enforcement actions involving pipeline\nfacilities under the jurisdiction of the Commission.\nd. Refer to the Commission, after screening, complaints and inquiries made by state and local\ngovernments and the general public involving environmental or certificate matters related to pipelines\nunder the Departments jurisdiction.\ne. When requested by the Commission, review draft mitigation conditions considered by the\nCommission for potential conflicts with the Departments regulations.\n2. The Commission shall:\na. Promptly alert the Department when the Commission becomes aware of an existing or potential\nsafety problem involving natural gas transmission facilities.\nb. Establish a means to notify the Department of future pipeline construction, such as providing\nNotices of Applications for construction certification or certificate orders issued to companies that\npropose pipeline construction.\n\n<<<PAGE 3>>>\n\nc. Periodically provide the Department with updates to the environmental compliance inspection\nschedule, and coordinate site inspections, upon request, with Department headquarters or regional\noffices.\nd. Establish a means to notify the Department when significant safety issues have been raised during\nthe preparation of environmental assessments or environmental impact statements.\ne. Refer to the Department, after screening, complaints and inquiries made by state and local\ngovernments and the general public involving safety matters related to pipelines under the Commissions\njurisdiction.\nAdministration.\nThe Department and the Commission will designate appropriate staff representatives and will establish\njoint working arrangements from time to time to administer this MOU.\nEffective Date.\nThis MOU shall take effect upon signing by authorized representatives of the Department and the\nCommission.\nLimitations.\n1. Nothing in this MOU is intended to restrict the statutory authority of the Department or the\nCommission.\n2. Nothing in this MOU is intended to replace, supersede, or modify the existing MOU between the\nDepartment and the Commission regarding liquefied natural gas facilities published in the Federal\nRegister on May 15, 1978 (50 FR 20275).\nModification and Termination.\nThe Department and the Commission each reserves the right to suspend, modify, or terminate its\nrespective commitments contained in this MOU upon written notice to the other party at least 30 days\nprior to exercising this right.\nAndrew H. Card, Secretary, US Department of Transportation, December 3, 1992\nMartin L. Allday, Chairman, Federal Energy Regulatory Commission, January 15, 1993\nDated: January 15, 1993","truncated":false,"body_characters":7283}