{"operation":"document","citation":"PI-07-0100","title":"National Transportation Safety Board — Pipeline Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2007-02-16","effective_on":null,"summary":"PI-07-0100 response to National Transportation Safety Board concerning 192.3.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-07-0100.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-07-0100.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-07-0100","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/Pipeline/2007/g07-02-16_Dyck_192.3_Gulf_of_Mexico-s.pdf","body":"<<<PAGE 1>>>\n\nPI-07-0100\nU.S. Department of Transportation\nPipeline and Hazardous Materials Safety Administration\n400 Seventh Street, S.W.\nWashington, D.C. 20590\nFEB 16 2007\nMr. Rod Dyck\nPipeline Operations Group Chair\nNational Transportation Safety Board\n490 L'Enfant Plaza, SW\nWashington, DC 50594-0001\nRe: Gas pipeline incident in West Cote Blanche Bay, Louisiana\nDear Mr. Dyck:\nThis letter responds to your request for a determination by the Pipeline and Hazardous Materials Safety\nAdministration (PHMSA) of the regulatory status of an 8-inch gas pipeline involved in an incident in West Cote Blanche\nBay, Louisiana on October 12, 2006. PHMSA has determined that the pipeline segment involved in the incident is subject\nto the pipeline safety requirements in 49 C.F.R. § 192.612 based on the depth of water and because the pipeline's\nlocation places it within an \"inlet\" of the Gulf of Mexico for purposes of 49 C.F.R. § 192.3.\nThe pipeline is an 8-inch gas gathering line operated by Chevron USA, which transports processed gas to\ngathering systems. The pipeline was apparently damaged when a barge traveling above the pipeline released a spud or\nstabilizing stake, which penetrated the ground bed and punctured the pipeline, causing an explosion. The line had\napproximately 24 to 48 inches of cover when the incident occurred. The water depth at the location is approximately 8\nfeet.\nSection 60102(a)(2) of title 49, United States Code, authorizes PHMSA to prescribe standards for gas pipeline\ntransportation. Gas pipeline transportation includes gathering, transmission and distribution of gas by pipeline, but only\nincludes gathering through \"regulated gathering lines.\" The minimum safety requirements for gas pipeline facilities and\nthe transportation of gas are set forth in 49 C.F.R. Part 192. Under § 192.1, these regulations do not apply to the\nonshore gathering of gas \"through a pipeline that is not a regulated onshore gathering line (as determined in § 192.8)\"\nor \"within inlets of the Gulf of Mexico, except for the requirements in § 192.612.\"\nPHMSA defines \"regulated onshore gathering line\" as a gathering line with particular characteristics located in a\nClass 2, 3, or 4 area. While regulated onshore gathering lines must comply with the gas pipeline safety regulations under\n§ 192.9, onshore gathering lines in a Class 1 area, such as West Cote Blanche Bay, are not subject to Part 192, except\nthat all onshore gathering lines within the Gulf of Mexico and its inlets are subject to the requirements in § 192.612 for\nreducing the risks associated with vessels hitting underwater pipelines.\nSection 192.612 requires each operator to “identify its pipelines in the Gulf of Mexico and its inlets in waters less\nthan 15 feet (4.6 meters) deep as measured from mean low water that are at risk of being an exposed underwater\npipeline or a hazard to navigation.\" An operator must also \"conduct appropriate periodic underwater inspections of its\npipelines in the Gulf of Mexico and its inlets in waters less than 15 feet (4.6 meters) deep as measured from mean low\nwater based on the identified risk.\" If an operator discovers that a line has become exposed or poses a hazard to\nnavigation, the operator must promptly notify the National Response Center, mark the location of the pipeline, and\nwithin 6 months bury the pipeline so that the top of the pipe is 36 inches below the natural bottom (18 inches for rock\nexcavation).\nPHMSA defines \"the Gulf of Mexico and its inlets\" to mean \"waters from the mean high water mark of the coast\nof the Gulf of Mexico and its inlets open to the sea (excluding rivers, tidal marshes, lakes, and canals) seaward to include\n\n<<<PAGE 2>>>\n\nthe territorial sea and Outer Continental Shelf to a depth of 15 feet (4.6 meters), as measured from the mean low\nwater.\" (§ 192.3) Based on its geography, and in accordance with this agency's prior interpretations, we consider West\nCote Blanche Bay an \"inlet\" of the Gulf of Mexico within the meaning of § 192.612. Accordingly, to the extent that the\npipeline is located in waters less than 15 feet deep (including at the point of impact), the pipeline involved in the\nOctober 12, 2006 incident is subject to the inspection and reburial requirements in § 192.612. However, because the\npipeline does not meet the definition of a regulated onshore gathering line, the pipeline is not subject to the other Part\n192 requirements.\nPHMSA intends to review these regulations, in particular the definition of \"Gulf of Mexico and its inlets\" in §\n192.3, to determine if any changes to the text are necessary to improve clarity and promote more consistent application\nof the regulations for pipelines located in the Gulf area. In the meantime, PHMSA plans to work with the State of\nLouisiana and our other State partners in the Gulf area to ensure the pipelines subject to these regulations meet the\nspecifications for burial depth. PHMSA is also developing additional guidance material for pipeline operators to aid them\nin complying with these important safety regulations.\nIf you have any further questions pertaining to this matter, please contact Mr. Joy Kadnar of my staff at (202)\n366-4595.\nSincerely,\nJeffrey D. Wiese\nActing Associate Administrator for Pipeline Safety\ncc: Tom Fortner\nDirector, State Programs, PHMSA\nJames H. Welsh\nCommissioner of Conservation\nLouisiana Department of Natural Resources","truncated":false,"body_characters":5393}