{"operation":"document","citation":"PI-07-0105","title":"CPN Pipeline Company — Pipeline Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2007-02-05","effective_on":null,"summary":"PI-07-0105 response to CPN Pipeline Company concerning 192.1, 192.3.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-07-0105.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-07-0105.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-07-0105","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/pipeline/interpretations/58951/calpine-cpn-pi-07-0105-02-05-2007-part-1921-and-1923.pdf","body":"<<<PAGE 1>>>\n\n-- - -\no\nu.s. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety Administration\n400 Seventh Street, S.W.\nWashington, D.C. 20590\nFEB - 5 2007\nMr. Scott Vickers\nCompliance Manager\nCPN Pipeline Company\n60 River Road\nRio Vista, CA 94571\nDear Mr. Vickers:\nThis is in responseto your letter of April 15,2004, renewing your earlier requestfor an\ninterpretation of 49 CFR 192.1and 192.3. Your letter concernedthejurisdictional end-point of a\nlateral pipeline running from a transmission pipeline to an electrical power plant.\nIn your letter you ask, \"Where would thejurisdiction end at the power plant side of the\nlateral? Wouldthejurisdiction end at the property line,fence line,first valve on theproperty, at\nthe power equipment or other?\"\nAssuming the lateral pipeline in question is a transmission line as defined in § 192.3, pipeline\nsafety authority extends to the point where transportation ends, even if this point is on plant\nproperty. In many cases, the end-point is where the lateral pipeline enters the plant grounds,\nusually at a security fence line. If, however, a measurement meter (or other component\nnecessary to control the pressure or safety of the pipeline) is on the plant grounds, the end-point\nwould be the meter (or other component, if the component is downstream of the meter).\nYou also ask, \"If thepower plant is on BLM lands or Indian lands does it change where the\njurisdiction would end?\"\nThe answer to your question depends on who is operating the pipeline, not on where the\npipeline is located. That is, the pipeline safety regulations in Part 192 apply to a \"person\" who\noperates pipeline facilities. The regulations define a person to mean \"any individual,.firm,joint\nventure, partnership, corporation, association, State, municipality, cooperative association, or\njoint stock association, and including any trustee, receiver, assignee, or personal representative\nthereof\"\nThe definition of a \"person\" in Part 192 does not include Indian tribes or the BLM (Federal\nGovernment). Therefore, the regulations do not apply to Indian tribes or to the BLM, regardless\nof whether the pipeline facilities are located on or off the Indian or BLM lands. If, however, an\nindependent contractor (or other person) were to operate Indian or BLM pipeline facilities, the\ncontractor would have to meet all the applicable requirements of Part 192 for the regulated\nsegments of the pipeline.\n\n<<<PAGE 2>>>\n\n2\nFinally, you asked, \"Where can ljind statutes, regulations. or interpretation letters to\nsupport the answer to question number one and number two?\"\nPHMSA has a public web site (http://www.phmsa.dot.gov) with links to the Federal pipeline\nsafety laws, regulations and interpretations.\nIf I can further assist you with this, or any other pipeline regulatory matter, please contact me\nat (202) 366-4595.\nSincerely,\n~~-~\nFlorence L. Hamn\nDirector, Office of Regulations\nA pipeline safety regulatory interpretation applies a particular rule to a particular set of facts and circumstances, and as such, may\nbe relied upon only by those persons to whom the interpretation is specifically addressed.","truncated":false,"body_characters":3138}