{"operation":"document","citation":"PI-12-0007","title":"City of Bangor — Pipeline Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2014-02-18","effective_on":null,"summary":"PI-12-0007 response to City of Bangor concerning 195.1.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-12-0007.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-12-0007.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-12-0007","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretations/Pipeline/2012/City_of_Bangor_Maine-PI-12-0007-02-18-2014-Part195.1%28b%29.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation\nPipeline and Hazardous Materials\nSafety Administration\nFEB 18 1014\n1200 New Jersey Ave, S.E.\nWashington, D.C. 20590\nMr. Paul Nicklas\nAssistant City Solicitor\nCity of Bangor\n73 Harlow Street\nBangor, Maine 04401\nDear Mr. Nicklas:\nIn a letter to the Pipeline and Hazardous Materials Safety Administration (PHMSA) dated\nAugust 17, 2012, you requested an interpretation of the applicability of the Federal pipeline\nsafety regulations at 49 CFR Part 195 to a jet fuel pipeline operated by the City of Bangor.\nSpecifically, you asked whether the exemption in § 195.1 (b )(3 )(ii) for certain pipelines that serve\nterminal facilities excludes your hazardous liquid pipeline from Part 195 requirements.\nYou state that the City of Bangor owns and operates the Bangor International Airport. As part of\nthis operation, the City uses a pipeline to transfer jet fuel from a tank facility located\napproximately one mile away to a hydrant system at the airport. Slightly less than one mile of\nthe pipeline falls on land accessible to the general public. The pipeline does not cross an\noffshore area or a waterway used for commercial navigation. You also state that the line is not a\nlow-stress pipeline, but could be converted into a low-stress pipeline by performing\nmodifications to the line and its equipment. You believe that whether an airport can be\nconsidered a vessel terminal facility would determine if your pipeline is regulated under\nPart 195.\nBased on the information provided in your request and information you provided to the PHMSA\nEastern Region Office, this intrastate pipeline starts from the tank facility, where the tank\nreceives the product by truck. The length of the pipeline beyond the last pressure controlling\ndevice inside the tank facility fence line to the first pressure controlling device inside the airport\nfence line is less than one mile long. The pipeline traverses public roads to supply the airport.\nThe pipeline is located within the Bangor city limits. The pipeline operates at a stress level\nabove 20 percent of the specified minimum yield strength (SMYS) of the line pipe.\nSection 195.l(b)(3)(ii) states:\n(b) Excepted. This Part does not apply to any of the following:\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 specitic 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\n(3) Transportation of a hazardous liquid through any of the following low-stress\npipelines:\n(ii) A pipeline that serves refining, manufacturing, or truck, rail, or vessel terminal\nfacilities, if the pipeline is less than one mile long (measured outside facility\ngrounds) and does not cross an offshore area or a waterway currently used for\ncommercial navigation;\nBecause the pipeline is not a low-stress pipeline and operates above 20 percent SMYS, this\nexemption does not apply to this pipeline. The pipeline in its current configuration operating\nabove 20 percent SMYS is regulated by PHMSA. Therefore, the threshold condition in the\nexemption ofbeing a low-stress pipeline has not been met.\nI hope that this information is helpful to you. If we can be of further assistance, please contact\nTewabe Asebe of my staff at 202-366-5523.\nkol\"(!ohn A. Gale\nDirector, Office of Standards\nand 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 3>>>\n\nf'f,\n-I J-:000} 2071992-4274\nfax 207/945-4449\nnorman.heitmann@bangormaine.gov\npaul.nicklas@bangormaine.gov\nwww.bangormaine.gov\nLEGAL DEPARTMENT\nNorman S. Heitmann, Ill, City Solicitor\nPaul S. Nicklas, Assistant City Solicitor\nI AUG 2, 3 2012\nAugust 17, 2012\nJohn Gale\nDirector, Standards and Rulemaking\nPipeline and Hazardous Materials Safety Administration\nDepartment of Transportation\n1200 New Jersey Avenue SE\nWashington, DC 20590\nRe: Bangor International Airport Fuel Pipeline\nMr. Gale:\nThe City of Bangor owns and operates the Bangor International Airport. As part of this\noperation, the City uses a fuel pipeline to transfer jet fuel from tanks to a hydrant system.\nSlightly less than one mile of the pipeline falls on land accessible to the general public.\nAfter a significant period of investigation and discussion, the Eastern Region of PHMSA\nhas determined that the pipeline falls under DOT jurisdiction. They have also indicated,\nhowever, that the City may seek a ruling from you on this subject.\nAs you are no doubt aware, 49 C.P.R.§ 195(b) lays out a number of exceptions to DOT\njurisdiction of pipelines. One such exception applies to pipelines that 1) are low-stress, 2)\nserve refining, manufacturing, or truck, rail, or vessel terminal facilities, 3) are less than\none mile long (measured outside facility grounds), and 4) do not cross an offshore area or\na waterway currently used for commercial navigation.§ 195(b)(3)(ii).\nLess than one mile of the pipeline in question is outside facility grounds; it does not cross\nan offshore area or a waterway used for commercial navigation; and it could be made\nlow-stress by the replacement of certain valves and other devices. The status of the\npipeline appears to turn on whether an airport can be considered a vessel terminal facility.\nAccording to the Collins English Dictionary, one meaning for the word \"vessel\" is \"an\naircraft, esp an airship.\" See www.collinsdictionary .com/dictionary/english/vessel,\naccessed on July 25, 2012. Additionally, there does not appear to be any practical reason\nto distinguish between aircraft terminal facilities and the other transportation terminal\nfacilities mentioned for purposes of pipeline regulation. There is therefore support in both\nthe letter and the spirit of the regulation -for a finding that an airport is a vessel terminal\nfacility.\n73 Harlow Street • Bangor, Maine 04401\n\n<<<PAGE 4>>>\n\nThe City would appreciate a ruling from you on this subject. Thank you for your attention\nto this matter.\nSincerely,\nPaul Nicklas\nAssistant City Solicitor\nCity of Bangor\ncc: Anthony Caruso, Director, BIA\nByron Coy, Director, Eastern Region, PHMSA","truncated":false,"body_characters":6830}