{"operation":"document","citation":"PI-04-0102","title":"Vermont Department of Public Service — Pipeline Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2004-03-24","effective_on":null,"summary":"PI-04-0102 response to Vermont Department of Public Service concerning 192.614.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-04-0102.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-04-0102.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-04-0102","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/Pipeline/2004/g04-03-24_Morris_192.614-msfx.pdf","body":"<<<PAGE 1>>>\n\nPI-04-0102\nU.S. Department of Transportation\nResearch and Special Programs Administration\n400 Seventh St., S.W.\nWashington, D.C. 20590\nMarch 24, 2004\nMr. G.C. Morris\nUtilities Engineer—Gas\nVermont Department of Public Service\nState Office Building, Drawer 20\n112 State Street\nMontpelier, VT 05620-2601\nDear Mr. Morris:\nThis is in response to your e-mail of February 25, 2004, in which you request an interpretation of the\nprovisions of the Federal gas pipeline safety regulations at 49 CFR 192.614, which exclude operators of\ncertain small gas systems from requirements for a written damage prevention program.\nSection 192.614(a) states that \"[e]xcept as provided in paragraphs (d) and (e) of this section, each\noperator of a buried pipeline must carry out, in accordance with this section, a written program to prevent\ndamage to that pipeline from excavation activities.\" Paragraph (d) notes that a damage prevention program\nis not required for offshore pipelines and pipelines where physical access is controlled by the operator.\nSection 192.614(e) excludes certain small pipelines from some of the damage prevention program\nrequirements. Section 192.614(e)(1) excludes pipelines operated by persons other than municipalities\n(including master meter systems) whose primary activity does not include the transportation of gas from the\nrequirement to maintain a written damage prevention program. And, § 192.614(e)(2) excludes these\npipelines from the requirements at §§ 192.614(c)(1) and (c)(2) to maintain a list of persons normally engaged\nin excavation near the pipeline and to notify persons near the pipeline of the damage prevention program.\nIt is important to note that master meter systems and other pipelines operated by persons whose\nprimary activity is not the transportation of gas are only excluded from the requirement to have a written\nprogram in compliance with § 192.614(a). They are NOT excluded from requirements to provide temporary\nmarking of buried pipelines in the area of excavation (§ 192.614(c)(5)), to provide for actual notification of\npersons planning excavations of the temporary marking scheme (§ 192.614(c)(4)), and to provide for\ninspection of pipelines near excavations to verify integrity (§ 192.614(c)(6)).\nIn addition, a gas operator is not excluded from the requirement to have a written damage prevention\nprogram merely because they are owned by a larger company whose primary business in not the\ntransportation of gas. The pipeline safety regulations apply to the operator of the gas system. Section\n192.614(e) (a) is clearly intended to apply to persons operating gas systems as a minor part of their business.\nThis interpretation of the regulations cannot be altered by general language that may be contained in\nguidelines and other publications, including the Training Guide for Operators of Small LP Gas Systems, The\nTraining Guide for Operators of Small LP Gas Systems, which was sponsored in part by the U.S. Department of\nTransportation.\nIf you have any further questions about the pipeline safety regulations, please contact me at (202)\n366-4565.\nSincerely,\nRichard D. Huriaux, P.E.\n\n<<<PAGE 2>>>\n\nManager Regulations\nOffice of Pipeline Safety\n\n<<<PAGE 3>>>\n\nHuriaux, Richard\nFrom: Huriaux, Richard\nSent: Wednesday, February 25, 2004 3:54 PM\nTo: 'Morris, GC'\nSubject: RE: code interpretation\nI received your e-mail and will treat it as a request for an official INTERPRETATION. No promises, but I will try\nto have something back to you by the end of next week...\n################################\n/ Richard D. Huriaux. P.E.\n/ Manager, Regulations\n/ US DOT / Office of Pipeline Safety\n/ 400 7th Street, SW, Room 7128\n/ Washington, DC 20590\n/ Tel: 202-366-4565 Fax: 202-366-4566\n################################\n------- Original Message ------------\nFrom: Morris, GC (mailto:GC.Morris@state.vt.us] Sent: Wednesday, February 25, 2004 12:03 PM\nTo: Huriaux, Richard\nSubject: code interpretation\nGood afternoon Richard,\nThank you for discussing CFR Title 49, Part 192, earlier this month. As you know, my questions regarded\n§192.614, Damage Prevention Program, and the parties required to comply with it.\nParagraphs (a), (d) and (e) of this section exclude operators of certain small gas systems from some\nrequirements, including a written program to prevent damage to that pipeline from excavation activities. Of\nparticular concern is the wording \"primary activity\" in paragraph (e).\n(e) Pipelines operated by persons other than municipalities (including operators of master meters) whose\nprimary activity does not include the transportation of gas need not comply with the following:\n(1) The requirement of paragraph (a) of this section that the damage prevention program be written;\nand\n(2) The requirements of paragraphs (c)(1) and (c)(2) of this section.\nDuring our conversation, you advised me that §192.617(e) addresses the exclusion of non- gas companies\n(such as real estate companies and school campuses). Additionally, the code applies to the company operating\nthe gas system. Ownership of the operating company and what that corporation, or group, does for business is\nnot of concern.\nWould you please produce a written interpretation regarding this issue and forward it to me at your earliest\nconvenience? Our department would like to be able to utilize the interpretation in future cases, involving\njurisdictional system operators who do not acknowledge responsibility because the system is small or the\norganization considers gas operation to be a minor part of their business.\nThanks again for your attention to this matter.\nSincerely,\nGC Morris\nUtilities Engineer – Gas\nVermont Dept. of Public Service\n112 State St\nMontpelier, VT 05620-2601","truncated":false,"body_characters":5713}