{"operation":"document","citation":"PHMSA Guidance, Exercise of Enforcement Discretion in Connection with Violations by Certain Pressure Vessels of 49 CFR §§ 192.153(e) and 192.505(b)","title":"Exercise of Enforcement Discretion in Connection with Violations by Certain Pressure Vessels of 49 CFR §§ 192.153(e) and 192.505(b)","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2015-10-27","effective_on":"2015-10-27","summary":"Exercise of Enforcement Discretion in Connection with Violations by Certain Pressure Vessels of 49 CFR §§ 192.153(e) and 192.505(b) Document 2015-10-27 Stay Letter to INGAA.PDF (135.74 KB) Letter announcing PHMSA’s exercise of enforcement discretion eschewing enforcement action pertaining to violations of 49 CFR §§ 192.153(e) and 192.505(b) that arise from the installation of pressure vessels that are: (1) covered by","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-guidance-exercise-enforcement-discretion-connection-violations-certain-89cc46c8.json","markdown":"https://regulus.evalyn.ai/document/phmsa-guidance-exercise-enforcement-discretion-connection-violations-certain-89cc46c8.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-guidance-exercise-enforcement-discretion-connection-violations-certain-89cc46c8","source_url":"https://www.phmsa.dot.gov/regulatory-compliance/phmsa-guidance/exercise-enforcement-discretion-connection-violations-certain","body":"Exercise of Enforcement Discretion in Connection with Violations by Certain Pressure Vessels of 49 CFR §§ 192.153(e) and 192.505(b)\n\nDocument\n\n 2015-10-27 Stay Letter to INGAA.PDF (135.74 KB)\n\n        Letter announcing PHMSA’s exercise of enforcement discretion eschewing enforcement action pertaining to violations of 49 CFR §§ 192.153(e) and 192.505(b) that arise from the installation of pressure vessels that are: (1) covered by 49 CFR §§ 192.153(a)-(b) and 192.165(b)(3); and (2) were put into service between July 14, 2004 and October 1, 2015.\n\n          Issued Date: Tuesday, October 27, 2015\n\n<<<PAGE 1>>>\n\nU.S. Department of Transportation\n1200 New Jersey Ave, S.E.\nPipeline and Hazardous Materials\nWashington, D.C. 20590\nSafety Administration\nOctober 27, 2015\nInterstate Natural Gas Association of America\n20 F Street, NW, Suite 450\nWashington, DC 20001\nRe: Motion to Stay Final Rule, PHMSA-2010-0026\nOn March 11, 2015, U.S. Department of Transportation, Pipeline and Hazardous\nMaterials Safety Administration (PHMSA) published in the Federal Register a Final Rule\nentitled, \"Pipeline Safety: Miscellaneous Changes to Pipeline Safety Regulations (PSR)\" (Final\nRule). The Final Rule modified 49 C.F.R. § 192.153 and clarified that \"a component having a\ndesign pressure established in accordance with paragraph (a) or paragraph (b) of this section and\nsubject to the strength testing requirements of § 192.505(b) must be tested to at least 1.5 times\nthe MAOP.\" 80 Fed. Reg. 12762 (March 11, 2015). Additionally, PHMSA modified the\n§192.165(b)(3) cross-reference to this requirement. PHMSA stated in the Final Rule that \"this\nproposal is not a change to the current pressure testing requirements found in Part 192, but\nsimply a clarification to ensure a clearer understanding of PHMSA's pressure testing\nrequirements for certain American Society for Mechanical Engineers (ASME) Boiler and\nPressure Vessel Code (BPVC) vessels located in compressor stations, meter stations and other\nClass 3 or Class 4 locations. The testing requirements of § 192.505(b) have not been revised and\nstate that in a Class 1 or Class 2 location, each compressor station, regulator station, and\nmeasuring station, must be tested to at least Class 3 location test requirements.\"\nOn April 10, 2015, the Interstate Natural Gas Association of America (INGAA) sought\nreconsideration of the clarifications to 49 C.F.R. §§ 192.153(e) and 192.165(b)(3). INGAA\ncontended that prior to the Final Rule, the pipeline safety regulations directed operators to test\npressure vessels in accordance with the BPVC (2007 edition). In its Petition, it asserted that the\nclarification was considered by its members as a deviation from their understanding of the PSR.\nIt asked PHMSA to rescind § 192.153(e) and the related modifications to 192.165(b)(3) or to\nexempt existing pressure vessels put into operation between July 14, 2004 and October 1, 2015\nfrom compliance with the subject regulations. In a July 1, 2015 meeting with PHMSA, INGAA\nmade clear that it objects to the clarifications only as they relate to vessels ordered or placed into\nservice after July 14, 2004 and prior to October 1, 2015, and that it has no objection to the\nclarifications as they relate to vessels ordered and placed into service after October 1, 2015.\nOn September 4, 2015, INGAA filed with PHMSA, a Motion to Stay Final Rule\nrequesting a stay of the effectiveness of \"new scctions 192.153(e) and 192.165 as they relate to\npressure vessels fabricated by welding that were ordered or placed into service after July 14,\n2004 and prior to October 1, 2015, the Final Rule's proposed effective date.\" INGAA asserted\n\n<<<PAGE 2>>>\n\nthat without a stay, pipeline operators \"will need to reduce the deliverability of natural gas during\nstorage injection and winter heating seasons.\"\nOn September 30, 2015, PHMSA published in the Federal Register a denial of INGAA's\npetition for reconsideration, stating that \"PHMSA believes the amendment to § 192.153 and the\ncorresponding cross-reference with § 192.165(b)(3) simply clarify the regulations, is consistent\nwith existing agency understanding and practice, and ensures regulated parties do not incorrectly\nuse the newer ASME BPVC design factor of 1.3 for pressure testing in instances where pipelines\nmust be tested at 1.5 times MAOP.\" 80 Fed. Reg. 58633 (September 30, 2015). Despite the fact\nthat PHMSA does not believe that this is a change to the PSR requirements, PHMSA is\nconsidering INGAA's request to create an exception for the ASME pressure vessels put into\noperation between July 14, 2004, and October 1, 2015, and will be evaluating the validity of\nINGAA's assertions that the clarification placed any new burdens on operators.\nIn the meantime, the PHMSA Office of Pipeline Safety does not intend to take any\nenforcement action relating to violations of 49 C.F.R. §§ 192.153(e) and 192.505(b) that arise\nfrom the installation of pressure vessels that are: (1) covered by 49 C.F.R. §§ 192.153(a)-(b) and\n192.165(b)(3); and (2) were put into service between July 14, 2004 and October 1, 2015.\nPHMSA takes this temporary action while we continue to evaluate and analyze the\ntechnical aspects of your position on this matter.' This document, and the associated\nenforcement stay, will remain in effect until further notice. Nothing in this letter prohibits the\nPHMSA, Office of Pipeline Safety, to rescind this stay and pursue an enforcement action if it\ndetermines that a significant safety issue warrants doing so. Furthermore, nothing in this letter\nrelieves operators from compliance with any other applicable provisions of the PSR. As part of\nour ongoing evaluation of this matter, you may be contacted by my staff if additional data is\nneeded to process your petition.\nSitese\nJeffrey D.\nWiese\nPHMSA\nAssociate Administrator, Office of Pipeline Safety\n'On September 30, 2015, INGAA filed a petition for review (No. 15-1343) with the U.S. Court of Appeals for the\nDistrict of Columbia Circuit, challenging the Final Rule and PHMSA's denial of its petition for reconsideration.\nnold this judicial proceeding in abeyance. Similarly, in the event that an earlier proceeding commenced by INGA/\nPHMSA understands that in light of the enforcement stay discussed herein, INGAA will not object to a motion to\nin the same court (No. 15-1161) is not dismissed, INGAA will not object to a motion to hold that proceeding in","truncated":false,"body_characters":6409}