{"operation":"document","citation":"PI-11-0009","title":"State of Maine Public Utilities Commission — Pipeline Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2014-06-10","effective_on":null,"summary":"PI-11-0009 response to State of Maine Public Utilities Commission concerning 192.1.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-11-0009.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-11-0009.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-11-0009","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/Pipeline/2011/MainePUC-PI-11-0009-02-13-2012-Part_192.1%28b%29%285%29.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation\nPipeline and Hazardous Materials\nSafety Administration\n1200 New Jersey Ave, S.E.\nWashington, D.C. 20590\nfEB 1 3 Z012\nMr. Gary A. Kenny. PE\nGas Safety Manager\nState of Maine\nPublic Utilities Commission\n18 State House Station\nAugusta, ME 04 3 3 3-00 18\nDear Mr. Kenny:\nIn a letter to the Pipeline and Hazardous Materials Safety Administration (PHMSA) dated\nJune I 0, 2011, you asked for an interpretation on the applicability of 49 CFR 192.1 (b)(5) to a\nconfiguration of three hotel and/or motel rooms that are served by a liquefied petroleum gas\n(LPG) tank and its pipeline system. You provided a diagram ofthe pipeline system and\ndescribed the diagram as follows:\n• Three hotel/motel guest rooms served by stubs off a common pipe;\n• Each guest room exits directly to the outside and they are not connected to any other\nstructures;\n• Each stub provides LPG to a combination heating/cooling appliance in each of the guest\nrooms;\n• There are no meters; and\n• The tank(s). all piping. and the building are on private property.\nSection 192.1 (b)( 5)( i) states that Part 192 does not apply to any pipeline system that transports\nonly petroleum gas or petroleum gas/air mixtures to fewer than 10 customers, ifno portion ofthe\nsystem is located in a public place.\nIn the diagram given. each room would constitute a customer. Because the LPG system serves\nthree customers which is fewer than 10, it would be exempted from the Part 192 requirements if\nno portion of the system was located in a public place. However, churches, schools and\ncommercial buildings are considered to be public places under the regulations. Hotels/motels are\nThe Pipeline and Hazardous Materials Safet\\ Admmistratlon. Otlice or P1pel10e Satctv provides written clanfications of the Regulations (49 CFR\nParts 190-199) in the tiJrm of interpretation letters. These letters retlect the agenq's current application of the regulations to the specific facts\npresented by the person requesting the clarification. Interpretations do not create legally-enforceable rights or obligations and are provided to\nhelp the public understand how to comply with the regulations\n\n<<<PAGE 2>>>\n\n2\ncommercial buildings and. therefore. are public places. The diagram does not meet the\nexemption and the system would be a regulated system.\nI hope that this information is helpful to you. If I can be of further assistance, please contact me\nat (202) 366-4046.\nSincerely.\nDirector, Office of Standards\nand Rulemaking\nThe Pipeline and Hazardous Materials Safety Administration. Oftice of Pipeline Safety provides written clarifications of the Regulations\n( 49 CFR Parts 190-199) in the tr1rm of interpretation letters. These letters reflect the agency's current application of the regulations to the\nspecific facts presented by the person requesting the clarification. Interpretations do not create legally-enforceable rights or obligations and\nare provided to help the public understand how to comply with the regula(ions.\n\n<<<PAGE 3>>>\n\nSTATE OF MAINE\nPUBLIC UTILITIES COMMISSION\nTHOMAS L WELCH\nCHAIRMAN\nVENDEAN V. VAFIADES\nDAVID P. LITTELL\nCOMMISSIONERS\nKAREN GERAGHTY\nADMINISTRATIVE DIRECTOR\nJune 10, 2011\nMr. Jeffery D. Wiese\nAssociate Administrator for Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\n1200 New Jersey Ave., S.E.\nWashington, D:C. 20590\nRE: Interpretation of 49 CFR, Part 192, §192.1(b)(5)\nDear Mr. Wiese:\nEarlier this year, the Maine Public Utilities Commission advised you of legislation\nproposed by propane suppliers in conjunction with the Maine Energy Marketers Association\n(MEMA) regarding the safety jurisdiction over liquefied petroleum gas (LPG) distribution\nsystems. The Maine State Legislature's Energy, Utility and Technology Committee has\nrequested that MPUC staff work with MEMA representatives to develop a mutual\nunderstanding of the scope of enforcement of 49 CFR, Part 192, §192.1 (b )(5).\nSpecifically, we are seeking PHMSA's opinion regarding the jurisdiction of hotel\nand/or motel rooms that are served by LPG distribution systems. Attached you will find a\ndiagram of a scenario developed by MPUC staff and MEMA representatives which\nincludes the specifics of the opinion requested.\nYour assistance on this matter will be greatly appreciated.\nSincerely,\nGary A. Kenny, P.E.\nGas Safety Manager\ncc: Jamie PY, MEMA\nCarl Bisson, MEMA\nAttachment\nWCATION: 101 Second Street, Hallowell, ME 04347\nPHONE: (207) 287-3831 (VOICE)\nMAIL: 18 State House Station, Augusta, ME 04333-0018\nTTY: 1-800437-1220 FAX: (207)287-1039\n\n<<<PAGE 4>>>\n\nAttachment to\nJune 10, 2011 Letter to\nMr. Jeffery D. Wiese\nThe following scenario has been developed by MPUC staff and MEMA\nrepresentatives:\n/ / /\no T o\no\nPlease provide an opinion if the LPG distribution system sketched above is under the\nsafety jurisdiction of 49 CFR, Part 192 as defined by the exclusions in §192.1(b)(5) and based\non the following criteria:\n• Three hotel/motel guest rooms served by stubs off a common pipe.\n• Each guest room exits directly to the outside and they are not connected to any other\nstructures.\n• Each stub provides LPG to a combination heating/cooling appliance in each of the guest\nrooms.\n• There are no meters.\n• The tank(s), all piping and the building are on private property.\nLOCATION: 101 Second Street, Hallowell, ME 04347 MAIL: 18 State House Station, Augusta, ME 04333-0018\nPHONE: (207)287-3831 (VOICE) TTY: 1-800-437-1220 FAX: (207) 287-1039","truncated":false,"body_characters":5466}