{"operation":"document","citation":"PI-02-0101","title":"Public Utilities Commission of Ohio — Pipeline Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2002-09-18","effective_on":null,"summary":"PI-02-0101 response to Public Utilities Commission of Ohio concerning 192.801.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-02-0101.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-02-0101.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-02-0101","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/Pipeline/2002/g02-09-18_Steele_192.801_msf.pdf","body":"<<<PAGE 1>>>\n\nPI-02-0101\n09-18-02\nMr. Edward M. Steele\nChief, Gas Pipeline Safety Section\nPublic Utilities Commission of Ohio\n180 East Broad Street\nColumbus, OH 43215-3793\nDear Mr. Steele:\nThis is in response to your request of June 21, 2002, for an interpretation of the\napplicability of the operator qualification regulations at 49 CFR Part 192, Subpart N to\nindividuals replacing customer-owned service lines.\nIn Ohio the operator of the system, usually the local gas distribution company (LDC), is\nresponsible for replacement of failed customer-owned service lines. Usually, this replacement is\nperformed is performed by a plumber hired by the customer.\nThe LDC is responsible for complying with the gas pipeline safety regulations, including\nensuring that all individuals performing covered tasks are fully qualified. The gas pipeline safety\nregulations at 49 CFR §192.801(b) define a covered task for purposes of operator qualification as\none that 1) is performed on a pipeline facility, 2) is an operations or maintenance task, 3) is\nperformed as a requirement of this part, and 4) affects the operation or integrity of the pipeline.\nQuestion: When a plumber makes a replacement of the entire length of the customer-owned\nportion of the service line, is that plumber performing an operations and maintenance task, or is\nthis similar to new construction?\nAnswer: The replacement of a service line with new pipe, whether by insertion or direct burial, is\nan operations and maintenance (O&M) activity that meets the “four part test: in §192.801(b). It\nis not new construction because it is designed to maintain the serviceability of an existing service\nline. In addition, major parts of the service line, such as meters and risers, are not usually\nreplaced. The LDC, as the operator of the service line, is responsible for ensuring that the\nindividuals performing these tasks are qualified in accordance with the operator qualification\nprogram required by §192.805.\nQuestion: Does it make a difference in the method of replacement is by insertion?\nAnswer: No.\nQuestion: Are plumbers who make the replacement to the customer-owned portion of the service\nline, as addressed in the above paragraph, subject to drug and alcohol regulations at 49 CFR Part\n199?\n\n<<<PAGE 2>>>\n\nAnswer: Yes. The drug and alcohol regulations at 49 CFR Part 199 require operators of pipeline\nfacilities to test covered employees for the presence or prohibited drugs and alcohol. Covered\nemployee, employee, or individual to be tested is defined at §199.2 as “a person who performs a\ncovered function, including persons employed by operators, contractors engaged by operators,\nand persons employed by such contractors.” As noted above, in Ohio the operator of the system,\nusually the local gas distribution company (LDC) is responsible for operation and maintenance\nof all service lines, but the customer is responsible for replacement of failed customer-owned\nservice lines. Therefore, a plumber hired by a gas customer to replace a customer-owned service\nline is performing a covered function on the LDC’s system and is subject to the drug and alcohol\nregulations.\nIf you have any further questions about the pipeline safety regulations, please contact me\nat (202) 366-4565.\nSincerely,\nRichard D. Huriaux, P.E.\nManager, Regulations\nOffice of Pipeline Safety","truncated":false,"body_characters":3336}