{"operation":"document","citation":"PI-01-0101","title":"Prodica LLC — Pipeline Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2001-02-15","effective_on":null,"summary":"PI-01-0101 response to Prodica LLC concerning 195.1.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-01-0101.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-01-0101.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-01-0101","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/Pipeline/2001/g01-02-15_Davey_195.1-wmx.pdf","body":"<<<PAGE 1>>>\n\nPI-01-0101\nFebruary 15, 2001\nMr. Steven A. Davey\nCentral Support Department\nProdica LLC (Agrium US Inc.)\n227515 E. Bowles Road\nKennewick, WA 99337-0618\nDear Mr. Davey:\nThank you for your letter of September 1, 2000 (ref. E: 00-111) which requests an interpretation of the jurisdictional\nstatus of two anhydrous ammonia pipelines under 49 CFR Part 195.1(b).\nYou state that both hazardous liquid pipelines are “less than 1 mile in length (measured fence to fence), transport\nanhydrous ammonia in the liquid phase, and are low stress” and that “neither pipeline crosses navigable waterways or\nare located offshore.” You allege that the pipelines are not jurisdictional per 195.1(b)(3)(iii).\nThe hazardous Liquid pipeline regulations, 49 CFR Part 195, apply to all pipeline facilites used in the transportation of\npetroleum, petroleum products, and anhydrous ammonia except as specified in § 1951(b) as follows:\n(b) This part does not apply to-\n(1) Transportation of a hazardous liquid that is transported in a gaseous state;\n(2) Transportation of a hazardous liquid through a pipeline by gravity;\n(3) Transportation through any of the following low-stress pipelines:\n(i) An onshore pipeline or pipeline segment that;\n(A) Does not transport a HVL [highly volatile liquid];\n(B) Is located in a rural area; and\n(C) Is located outside a waterway currently used for commercial navigation\n(ii) A pipeline subject to safety regulations of the U.S Coast Guard; or\n(iii) A pipeline that serves refining, manufacturing, or truck, rail or vessel terminal facilities, if the pipeline is\nless than I mile long (measured outside facility grounds) and does not cross an offshore area or a waterway currently\nused for commercial navigation.\nUnder § 195 1(b)(3)(iii) a low-stress pipeline that serves manufacturing facilities and is less than one mile long and does\nnot cross a waterway is not subject to the pipeline safety regulations, even if it transports an HVL, such as anhydrous\nammonia.\nTherefore, based on the representations made in your letter of September 1 2000, the Federal pipeline safety\nregulations do not apply to the two hazardous liquid pipelines operated by Prodica L.L.C (Agrium US Inc.).\nIf you require further information on this issue, please contact me at (202) 366-4565.\nSincerely,\nRichard D. Huriaux, P. E.\nRegulations Manager\nOffice of Pipeline Safety\n\n<<<PAGE 2>>>\n\nProdica\n227515 E. Bowles Road\nKennewick, WA\nSeptember 1, 2000\nMr. Richard Huriaux\nDepartment of Transportation\nOffice of Pipeline Safety\n400 Seventh Street S.W.\nRoom 8417\nWashington, D.C. 20590\nDear Mr. Huriaux;\nI am requesting an interpretation to 49CFR195. Part 195, Subpart A, section 195.1 refers to jurisdictional applicability.\nParagraph (b) lists those facilities to which this part does not apply as points 1 through 9. Paragraph (b)(3) has three\nsub-paragraphs listed as (i), (ii), and (iii) respectively. Sub-paragraph (i) lists three conditions that are required if\nparagraph (i) were to be applicable. Subparagraphs (ii) and (iii) do not list the same conditions. I believe that the\nrestrictions (A), (B), and (C) of sub-paragraph (i) apply only to sub-paragraph (i) and not to (ii) and (iii) of paragraph (3).\nI've discussed this matter with Mr. Zach Barrett from the OPS Denver office. He concurs with my opinion but stated\nofficial interpretations must come from Washington DC.\nProdica LLC owns and operates two hazardous liquid pipelines. One pipeline connects two manufacturing facilities and\nthe other connects a manufacturing facility to a terminal storage facility. Both are less than 1 mile in length (measured\nfence to fence), transport anhydrous ammonia in the liquid phase, and are low-stress. Neither pipeline cross navigable\nwaterways or are located offshore. Based upon the above information, I believe that Prodica LLC is not jurisdictional\nper 195.1(b)(3)(iii).\nPlease provide an interpretation of the code and its applicability to Prodica's facilities. If there are any questions,\nplease call me at (509) 586-5465.\nSincerely,\nSteven A. Davey","truncated":false,"body_characters":4061}