{"operation":"document","citation":"PI-12-0005","title":"Kansas Corporation Commission — Pipeline Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2024-10-07","effective_on":null,"summary":"PI-12-0005 response to Kansas Corporation Commission concerning 192.1.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-12-0005.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-12-0005.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-12-0005","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2024-10/Kansas-corporation-Commission-PI-12-0005-03-04-2013-Part192.1.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department ofTransportation\nPipeline and Hazardous Materials\nSafety Administration\n1200 New Jersey Ave, S.E.\nWashington, D.C. 20590\nMAR -4 2013\nMr. Leo M. Haynos\nChief of Gas Operations and\nPipeline Safety\nKansas Corporation Commission\n1500 SW Arrowhead Road\nTopeka, KS 66604-4027\nDear Mr. Haynos:\nIn a letter to the Pipeline and Hazardous Materials Safety Administration (PHMSA) dated\nAugust 1, 2012, the Kansas Corporation Commission (KCC) requested an interpretation ofthe\napplicability of the Federal pipeline safety regulations at 49 CFR Part 192 to a natural gas\npipeline that serves two cattle feeding operations in Western Kansas. The line is tapped from a\nKinder Morgan transmission pipeline that operates at around 400 psi and has a double cut\nregulator installed similar to a \"farm tap\" customer. The pipeline consists of approximately 1.5\nmiles of two-inch diameter polyethylene piping. The pressure on the line is 18 psi from the tap\non Kinder Morgan pipeline at the north end to the deduct meters. At that point, the pressure\ndrops again to 12 psi for a pipe that goes under a highway and over to a west feed yard. The gas\nis consumed by the two customers at approximately 113,000 cubic feet per day. With the\nexception of the railroad crossing and the state highway crossing, the pipeline is located on land\nowned by one ofthe companies in the partnership.\nThe Federal pipeline safety laws and regulations apply to the gathering, transmission, and\ndistribution of natural and other gas by pipeline. PHMSA has defined a 'farm tap' as \"industry\njargon for a pipeline that branches from a transmission or gathering line to deliver gas to a\nfarmer or other landowner.\" 1 PHMSA has recognized most farm taps as distribution lines for\nseveral years? Historically, PHMSA and its predecessor agencies have held that farm taps are\nservice lines, a subset of distribution pipelines because the gas was consumed by the farm\nresidence in similar volumes to other types of residential customers. However, in this case, the\nnatural gas pipeline is transporting gas from a natural gas transmission line to two separate large\nscale cattle feeding operation facilities, both of which consume volumes of gas similar to that of\na distribution center and are, therefore, considered to be large volume customers. Therefore, the\n1.5 mile pipeline meets the definition of a transmission pipeline and the fact that it is not entirely\n1 Customer-Owned Service Lines, 60 Fed. Reg. 41821, 41823 (August 14, 1995).\n2 Letter from Mr. John A. Gale, Director, Office of Standards and Rulemaking, PHMSA, to Mr. Charles R.\nYarbrough II, Vice President, Atmos Energy, dated Sept.l2, 2012 (Atmos Energy Interpretation).\nThe Pipeline and Hazardous Materials Safety Administration, Office of Pipeline Safety provides written\nclarifications of the Regulations ( 49 CFR Parts 190-199) in the form of interpretation letters. These letters reflect\nthe agency's current application of the regulations to the specific facts presented by the person requesting the\nclarification. Interpretations do not create legally-enforceable rights or obligations and are provided to help the\npublic understand how to comply with the regulations.\n\n<<<PAGE 2>>>\n\n2\non the property of a customer but crosses a public highway and a railroad establishes that\ntransportation is occurring.\nBased on its description, KCC asked PHMSA to respond to several questions. Both KCC's\nquestions and PHMSA's responses are addressed as follows:\nQuestion: If the gas is consumed by the owners of the pipeline, is it considered to be in\ntransportation?\nResponse: The fact that the gas is consumed by the operator of the pipeline does not mean that\ntransportation did not occur. Many energy companies own pipelines that serve their gas turbine\npower plants or other facilities. No sale of gas from a transporter to a consumer is required for\npurposes of DOT jurisdiction over pipeline transportation.\nQuestion: If so, is the section of jurisdictional piping limited to those sections of piping that are\nnot located on property owned or controlled by the partnership?\nResponse: No, this line is subject to the pipeline safety regulations from the tap at the\ntransmission line to the point the gas enters the deduct meters or at a pressure control device or\nblock valve within the customer's premises, whichever is furthest downstream.\nQuestion: In this case, would this include the railroad and highway crossings, (approximately\n250 feet)?\nResponse: Yes, it would include railroad and highway crossings.\nQuestion: If footage not located on property controlled by the operator is the limiting factor in\ndetermining jurisdiction, what is the minimum amount of footage not on the operator's property\nthat is necessary to be considered jurisdictional?\nResponse: There is no minimum footage limitation.\nQuestion: Under this scenario, what is the minimum footage of jurisdictional piping that\noperates at low pressures in a rural area that would necessitate the application of pipeline safety\nregulations?\nResponse: Again, there is no minimum footage limitation.\nQuestion: If the piping is jurisdictional, should it be considered as distribution or transmission\npipeline?\nResponse: As discussed above, this line meets the definition of a transmission line as defined in\n49 CFR Part 192, Subpart A. Section 192.3 defines a transmission line as; \"a pipeline, other than\na gathering line, that: (1) Transports gas from a gathering line or storage facility to a gas\ndistribution center, storage facility, or large volume customer that is not down-stream from a gas\ndistribution center; (2) operates at a hoop stress of 20 percent or more of SMYS; or (3) transports\ngas within a storage field.\" In this case, the line transports gas from an interstate natural gas\ntransmission line to two large volume customers. Therefore the operator or operators of the lines\nThe Pipeline and Hazardous Materials Safety Administration, Office of Pipeline Safety provides written\nclarifications ofthe Regulations (49 CFR Parts 190-199) in the form of interpretation letters. These letters reflect\nthe agency's current application of the regulations to the specific facts presented by the person requesting the\nclarification. Interpretations do not create legally-enforceable rights or obligations and are provided to help the\npublic understand how to comply with the regulations.\n\n<<<PAGE 3>>>\n\n3\nare transmission operators under§ 192.3 and are subject to the Federal and state regulations\napplicable to natural gas transmission lines covered under that definition.\nI hope that this information is helpful to you. If we can be of further assistance, please contact\nTewabe Asebe ofmy staff at (202) 366-5523.\nSincerely,\nDirector, Office of Standards\n.t and Rulemaking\nThe Pipeline and Hazardous Materials Safety Administration, Office of Pipeline Safety provides written\nclarifications of the Regulations ( 49 CFR Parts 190-199) in the form of interpretation letters. These letters reflect\nthe agency's current application of the regulations to the specific facts presented by the person requesting the\nclarification. Interpretations do not create legally-enforceable rights or obligations and are provided to help the\npublic understand how to comply with the regulations.\n\n<<<PAGE 4>>>\n\nAugust 1, 2012\nUnited States Department of Transportation\nPipeline and Hazardous Materials Administration\nPipeline Safety, PHP-30\n1200 New Jersey Avenue, SE\nWashington DC 20590\nAttn.: John Gale, Director of Standards and Rulemaking\nRE: Interpretation of Applicability of 49 CFR Part 192 to a Pipeline Serving a Cattle\nFeeding operation\nDear Mr. Gale:\nI would like to receive feedback from PHMSA on the applicability of Part 192 regarding\na natural gas pipeline that serves two cattle feeding operations in Western Kansas. A\nmap depicting the line in question is attached to this letter. The pipeline consists of\napproximately 1.5 miles of 2-inch polyethylene piping that was built in partnership by the\ntwo feedlots shown on the map. The gas is consumed by the two companies primarily for\nthe purpose of preparing feed. Consumption of gas for the two operations is\napproximately 113,000 cubic feet per day. The partnership receives gas through a\ntransportation agreement with an interstate pipeline. With the exception of the railroad\ncrossing and the state highway crossing, the pipeline is located on land owned by one of\nthe companies in the partnership.\nBased on this description, I would appreciate your feedback on the following questions:\n1. If the gas is consumed by the owners of the pipeline, is it considered to be in\ntransportation?\n2. If so, is the section of jurisdictional piping limited to those sections of piping that are\nnot located on property owned or controlled by the partnership? In this case, this would\ninclude the railroad and highway crossings, (approximately 250 feet)?\n3. If footage not located on property controlled by the operator is the limiting factor in\ndetermining jurisdiction, what is the minimum amount of footage not on the operator’s\nproperty that is necessary to be considered jurisdictional.\n4. Under this scenario, what is the minimum footage of jurisdictional piping that operates\nat low pressures in a rural area that would necessitate the application of pipeline safety\nregulations?\n\n<<<PAGE 5>>>\n\n5. If the piping is jurisdictional, should it be considered as distribution or transmission?\nIf you have any questions about the above description or need more information, please\ngive me a call. I look forward to your response.\nSincerely,\nLeo Haynos\nChief of Gas Operations & Pipeline Safety\nxc: David Barrett, Central Region\n\n<<<PAGE 6>>>\n\nMeter Location\nDeduct Meters\nRailroad\nState Highway","truncated":false,"body_characters":9756}