{"operation":"document","citation":"PI-12-0001","title":"American Midstream — Pipeline Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2012-05-29","effective_on":null,"summary":"PI-12-0001 response to American Midstream concerning 192.903.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-12-0001.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-12-0001.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-12-0001","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/Pipeline/2012/American-Midstream-PI-12-0001.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department 1200 New Jersey Avenue, SE\nof Transportation Washington, D.C. 20590\nPipeline and Hazardous\nMaterials Safety\nAdministration\nMAY 2 9 2012\nMr. Kendall Lanningham\nAmerican Midstream\n8300 FM 1960 West, Suite 225\nHouston, TX 77070\nDear Mr. Lanningham:\nIn a December 15, 2011, letter to the Pipeline and Hazardous Materials Safety Administration\n(PHMSA), you requested an interpretation as to the applicability of the definition of an\n\"identified site\" in49 CFR 192.903 to the Jetson Correction Center for Youth (Jetson Center).\nThe Jetson Center is a state-run, secure care facility for juveniles in Baton Rouge, Louisiana. 1\nSpecifically, you state that American Midstream operates pipelines that pass adjacent to the\nJetson Center. You further state that as of December 2011, there are dmms on the grounds of the\nfacility that fall within the potential impact radius (PIR) for these pipelines and that the donns\nare used to house a maximum of nine occupants. You state that according to a representative of\nthe facility, the occupancy of each dorm has never exceeded 20 persons. You also state that the\nincarcerated youths are not physically impaired and are able to freely evacuate the facility in the\nevent of an emergency.\nYou believe that the Jetson Center does not meet the intent of the definition of\"identitied site\" in\n§ 192.903 for the following reasons:\n• these dormitories never meet the building occupancy count to qualify as a high\nconsequence area (HCA);\n• the detained youths are not physically impaired;\n• the youths can freely exit the facility unsupervised;\n• the facility is more a sheltered facility rather than a lock down prison type facility and is\nnot listed as an example facility; and\n• these dormitories are on the very outer fringe of the PIR for American Midstream's\npipelines.\nAfter speaking with your consultant, Mr. Bill Bertges, and Mr. Brad Ballard, Maintenance\nDirector of the Jetson Center, my staff has confitmed that this facility is a correction center\n(prison) for youth. As described on the Jetson Center's website:\nSecure care ... is reserved for those youth deemed by a judge or by [the Office of\nJuvenile Justice] to be a risk to public safety and/or not amenable to treatment in a\n1 http:Jiojj.la.govlindex.php (last accessed on Feb. 14, 2012).\nThe Pipeline and Hazardous Materials Safety Administration, Office of Pipeline Safety provides written clarifications of the Regulations (49 CFR\nParts 190-199) in the form of interpretation letters. These letters reflect the agency'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\nless restrictive setting. Secure care facilities are characterized by perimeter\nfences, locked units and high security. Youth are monitored constantly under\ndirect supervision of staff, and are not allowed to come and go freely .... Youth\nare housed in dormitories, or housing units, with populations from 8-24, with an\naverage of 12-15 per dorm.\nAccordingly, contrary to the statement in your letter, the occupants of the Jetston Center cannot\nleave the facility unsupervised.\nIn addition, the definition of identified site in § 192.903 does not specify a building occupancy\nlimit. Section 192.903 states inpart:\n(c) A facility occupied by persons who are confined, are of impaired mobility, or would\nbe difficult to evacuate. Examples include but are not limited to hospitals, prisons,\nschools, day-care facilities, retirement facilities or assisted-living facilities.\nFor these reasons, PHMSA concludes that the Jetson Center meets the definition of an\n\"identified site' in § 192.903, and the area referenced in your letter meet the definition of high\nconsequence area.\nI hope that this information is helpful to you. If I can be of further assistance, please contact me\nat 202-366-4046.\nDirector, Office of Standards\nand Rulemaking\nThe Pipeline and Hazardous Materials Safety Administration, Office of Pipeline Safety provides written clarifications of the Regulations\n( 49 CFR Parts 190-199) in the form of interpretation letters. These letters retlect 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 regulations.\n\n<<<PAGE 3>>>\n\n~Lean\nMidstream American Midstream Partners, LP\nDecember 15, 20 11\nOffice ofPipeline Safety (PHP-30), PHMSA\nU.S. Department ofTransportation\n1200 New Jersey Avenue, S.E.\nWashington, DC 20590-000\nMr. Jeffrey D. Wiese\nAssociate Administrator\nAmerican Midstream,(Midla), LLC in accordance with 49 CFR § 190.11 (a)(2)(b)\nrequests a regulatory written interpretation ofthe Federal Pipeline Safety\nRegulations relating to the definition of an Identified Site as defined in 49 CFR §\n192.903 (4)(C). This definition defines an Identified Site as \"A facility occupied\nby persons who are confined, are ofimpaired mobility, or would be difficult to\nevacuate. Examples include but are not limited to hospitals, prisons, schools, daycare\nfacilities, retirement facilities, or assisted-living facilities.\"\nSpecifically, American Midstream operates pipelines that pass adjacent to the outer\nmost fence ofthe Jetson Center for Youth, a facility that contains dormitories that\nhouse youths that have been detained due to various issues. See the attach PIR\nschematic depicting the facility consisting ofmultiple buildings, only four of\nwhich are dorms that house youths. The dorms that fall within the potential impact\nradius (PIR) have been determined to currently house a maximum of 9 occupants\nper dorm as of December 2011. According to the facility representative talked to\nin December 2011, occupancy ofeach dorm has never exceeded 20 persons.\nFurthermore, the incarcerated youths are not physically impaired and are able to\nfreely evacuate the facility in the event ofan emergency. American Midstream\nfield personnel discussed the proximity ofthe pipelines and emergency response\nissues with the Maintenance Director, Mr. Brad Ballard. See attached memo of\ninterview with the facility Director.\nAmerican Midstream feels that this particular facility does not meet the intent as an\n\"identified site\" under this definition for the following reasons:\n8300 FM 1960 West, SUite 225, Houston, TX 77070 • Office: (281) 955-4800 Fax: (281) 955-4855\n-.amerlcanmldstream.com\n\n<<<PAGE 4>>>\n\n~Lean\nMidstream American Midstream Partners, LP\n• these dormitories never meet the building occupancy count to qualify as an\nHCA, .\n• the detained youths are not physically impaired,\n• the youths can freely exit the facility unsupervised,\n• the facility is more a sheltered facility rather than a lock down prison type\nfacility and is not listed as an example facility, and\n• these dormitories are on the very outer fringe ofthe American Midstream\npipeline's PIR .\nYour prompt consideration ofthis request is greatly appreciated.\nFor additional infonnation, please contact:\nMr. Bill Bertg~ ~ . q~'\"\"....e::il------o+:\n~\n··\nAmerican Midstream ~: -;;·\n33780 Marion Drive\nDenham Springs, LA 70706\nPhone : 225-362-9555\nEmail: bertgesb@cox.net ~!{ff'\nMr. Kendall LanDingham / ~\nAmerican Midstream\n8300 FM 1960 West, Suite 225\nHouston, TX 77070\nPhone:281-955-4816\nCell: 832-244-0811\nEmail: klanningham@americanmidstream.com\nAttachments: Proposed HCA PIR Schematic\nInternal email interview memo\nPhotos ofpipeline ROW and dormitory buildings\n8300 FM 1960 West, Suite 225, Houston, 1X 77070 • omce: (281) 955-4800 Fax: (281) 955·4855\nwww.•merlanmldstream.com\n\n<<<PAGE 5>>>\n\nFrom: Craig Easley\nsent: Wednesday, April 06, 2011 8:58 AM\nTo: Kendall Lanningham\nSubject: Questions about Jetson\nKendall,\nI called Brad Ballard on the phone and ask him the questions you emailed to me.\n1. Do you have an evacuation plan? He said yes for spills and emergency.\n2. Can the inmates leave the building in an emergency without any obstructions? Yes\n3. Can the inmates move away from the area in an emergency? Yes, completely out of the area.\n4. Does the buildings have sprinklers,fire detection? He said some of the buildings have sprinklers and all\nhave fire detection.\nCr3ig EasitJY\nfi~etd Tedmidom\nAm~ r k!,in M~dstr~am Partners,lP\n6155 Sanchez Street ! Baton Rouge,la. I 70805\n0: 225-356-61.61 Ext 203 I C: 225··907-4195] F: 225-357-1577\n\n<<<PAGE 6>>>\n\n-\nNon HCA SWc:lu111\nCcxmlert:ill Buldlng Cllurc11\nFour or Men 8lary Building - tloopn.t \n A\nMIA-Foml!r~ PrloGilorJII N\n0 100 200 400\nFeet\nHCA36 012\nPlpelne: r-=1 MIL\nSyll.em: Mldla Syslem\nSTATION:815101.10 to 117002.7 PNUIH: ~ 8lrian lltauu-.LA\nSC/dA: 1:7400\n\n<<<PAGE 7>>>\n\n\n\n<<<PAGE 8>>>\n\n\n\n<<<PAGE 9>>>","truncated":false,"body_characters":8898}