American Midstream — Pipeline Safety Interpretation

Page 1U.S. Department 1200 New Jersey Avenue, SE of Transportation Washington, D.C. 20590 Pipeline and Hazardous Materials Safety Administration MAY 2 9 2012 Mr. Kendall Lanningham American Midstream 8300 FM 1960 West, Suite 225 Houston, TX 77070 Dear Mr. Lanningham: In a December 15, 2011, letter to the Pipeline and Hazardous Materials Safety Administration (PHMSA), you requested an interpretation as to the applicability of the definition of an "identified site" in49 CFR 192.903 to the Jetson Correction Center for Youth (Jetson Center). The Jetson Center is a state-run, secure care facility for juveniles in Baton Rouge, Louisiana. 1 Specifically, you state that American Midstream operates pipelines that pass adjacent to the Jetson Center. You further state that as of December 2011, there are dmms on the grounds of the facility that fall within the potential impact radius (PIR) for these pipelines and that the donns are used to house a maximum of nine occupants. You state that according to a representative of the facility, the occupancy of each dorm has never exceeded 20 persons. You also state that the incarcerated youths are not physically impaired and are able to freely evacuate the facility in the event of an emergency. You believe that the Jetson Center does not meet the intent of the definition of"identitied site" in § 192.903 for the following reasons: • these dormitories never meet the building occupancy count to qualify as a high consequence area (HCA); • the detained youths are not physically impaired; • the youths can freely exit the facility unsupervised; • the facility is more a sheltered facility rather than a lock down prison type facility and is not listed as an example facility; and • these dormitories are on the very outer fringe of the PIR for American Midstream's pipelines. After speaking with your consultant, Mr. Bill Bertges, and Mr. Brad Ballard, Maintenance Director of the Jetson Center, my staff has confitmed that this facility is a correction center (prison) for youth. As described on the Jetson Center's website: Secure care ... is reserved for those youth deemed by a judge or by [the Office of Juvenile Justice] to be a risk to public safety and/or not amenable to treatment in a 1 http:Jiojj.la.govlindex.php (last accessed on Feb. 14, 2012). The Pipeline and Hazardous Materials Safety Administration, Office of Pipeline Safety provides written clarifications of the Regulations (49 CFR Parts 190-199) in the form of interpretation letters. These letters reflect the agency's current application of the regulations to the specific facts presented by the person requesting the clarification. Interpretations do not create legally-enforceable rights or obligations and are provided to help the public understand how to comply with the regulations.#

Page 22 less restrictive setting. Secure care facilities are characterized by perimeter fences, locked units and high security. Youth are monitored constantly under direct supervision of staff, and are not allowed to come and go freely .... Youth are housed in dormitories, or housing units, with populations from 8-24, with an average of 12-15 per dorm. Accordingly, contrary to the statement in your letter, the occupants of the Jetston Center cannot leave the facility unsupervised. In addition, the definition of identified site in § 192.903 does not specify a building occupancy limit. Section 192.903 states inpart: (c) A facility occupied by persons who are confined, are of impaired mobility, or would be difficult to evacuate. Examples include but are not limited to hospitals, prisons, schools, day-care facilities, retirement facilities or assisted-living facilities. For these reasons, PHMSA concludes that the Jetson Center meets the definition of an "identified site' in § 192.903, and the area referenced in your letter meet the definition of high consequence area. I hope that this information is helpful to you. If I can be of further assistance, please contact me at 202-366-4046. Director, Office of Standards and Rulemaking The Pipeline and Hazardous Materials Safety Administration, Office of Pipeline Safety provides written clarifications of the Regulations ( 49 CFR Parts 190-199) in the form of interpretation letters. These letters retlect the agency's current application of the regulations to the specific facts presented by the person requesting the clarification. Interpretations do not create legally-enforceable rights or obligations and are provided to help the public understand how to comply with the regulations.#

Page 3~Lean Midstream American Midstream Partners, LP December 15, 20 11 Office ofPipeline Safety (PHP-30), PHMSA U.S. Department ofTransportation 1200 New Jersey Avenue, S.E. Washington, DC 20590-000 Mr. Jeffrey D. Wiese Associate Administrator American Midstream,(Midla), LLC in accordance with 49 CFR § 190.11 (a)(2)(b) requests a regulatory written interpretation ofthe Federal Pipeline Safety Regulations relating to the definition of an Identified Site as defined in 49 CFR § 192.903 (4)(C). This definition defines an Identified Site as "A facility occupied by persons who are confined, are ofimpaired mobility, or would be difficult to evacuate. Examples include but are not limited to hospitals, prisons, schools, daycare facilities, retirement facilities, or assisted-living facilities." Specifically, American Midstream operates pipelines that pass adjacent to the outer most fence ofthe Jetson Center for Youth, a facility that contains dormitories that house youths that have been detained due to various issues. See the attach PIR schematic depicting the facility consisting ofmultiple buildings, only four of which are dorms that house youths. The dorms that fall within the potential impact radius (PIR) have been determined to currently house a maximum of 9 occupants per dorm as of December 2011. According to the facility representative talked to in December 2011, occupancy ofeach dorm has never exceeded 20 persons. Furthermore, the incarcerated youths are not physically impaired and are able to freely evacuate the facility in the event ofan emergency. American Midstream field personnel discussed the proximity ofthe pipelines and emergency response issues with the Maintenance Director, Mr. Brad Ballard. See attached memo of interview with the facility Director. American Midstream feels that this particular facility does not meet the intent as an "identified site" under this definition for the following reasons: 8300 FM 1960 West, SUite 225, Houston, TX 77070 • Office: (281) 955-4800 Fax: (281) 955-4855 -.amerlcanmldstream.com#

Page 4~Lean Midstream American Midstream Partners, LP • these dormitories never meet the building occupancy count to qualify as an HCA, . • the detained youths are not physically impaired, • the youths can freely exit the facility unsupervised, • the facility is more a sheltered facility rather than a lock down prison type facility and is not listed as an example facility, and • these dormitories are on the very outer fringe ofthe American Midstream pipeline's PIR . Your prompt consideration ofthis request is greatly appreciated. For additional infonnation, please contact: Mr. Bill Bertg~ ~ . q~'""....e::il------o+: ~ ·· American Midstream ~: -;;· 33780 Marion Drive Denham Springs, LA 70706 Phone : 225-362-9555 Email: bertgesb@cox.net ~!{ff' Mr. Kendall LanDingham / ~ American Midstream 8300 FM 1960 West, Suite 225 Houston, TX 77070 Phone:281-955-4816 Cell: 832-244-0811 Email: klanningham@americanmidstream.com Attachments: Proposed HCA PIR Schematic Internal email interview memo Photos ofpipeline ROW and dormitory buildings 8300 FM 1960 West, Suite 225, Houston, 1X 77070 • omce: (281) 955-4800 Fax: (281) 955·4855 www.•merlanmldstream.com#

Page 5From: Craig Easley sent: Wednesday, April 06, 2011 8:58 AM To: Kendall Lanningham Subject: Questions about Jetson Kendall, I called Brad Ballard on the phone and ask him the questions you emailed to me. 1. Do you have an evacuation plan? He said yes for spills and emergency. 2. Can the inmates leave the building in an emergency without any obstructions? Yes 3. Can the inmates move away from the area in an emergency? Yes, completely out of the area. 4. Does the buildings have sprinklers,fire detection? He said some of the buildings have sprinklers and all have fire detection. Cr3ig EasitJY fi~etd Tedmidom Am~ r k!,in M~dstr~am Partners,lP 6155 Sanchez Street ! Baton Rouge,la. I 70805 0: 225-356-61.61 Ext 203 I C: 225··907-4195] F: 225-357-1577#

Page 6- Non HCA SWc:lu111 Ccxmlert:ill Buldlng Cllurc11 Four or Men 8lary Building - tloopn.t A MIA-Foml!r~ PrloGilorJII N 0 100 200 400 Feet HCA36 012 Plpelne: r-=1 MIL Syll.em: Mldla Syslem STATION:815101.10 to 117002.7 PNUIH: ~ 8lrian lltauu-.LA SC/dA: 1:7400#