{"operation":"document","citation":"PI-13-0006","title":"Ms. Shelley Ragsdale — Pipeline Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2013-11-21","effective_on":null,"summary":"PI-13-0006 concerning 194.101.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-13-0006.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-13-0006.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-13-0006","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/Pipeline/2013/Shelley_Ragsdale-PI-13-0006-11-14-2013-Part_194.101.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department of Transportation 1200 New Jersey Ave, S.E.\nWashington, D.C. 20590\nPipeline and Hazardous Materials\nSafety Administration\nNOV 14 2013\nMs. Shelley Ragsdale\n15410 Baybrook Drive\nHouston, TX 77062\nDear Ms. Ragsdale:\nIn a letter to the Pipeline and Hazardous Materials Safety Administration (PHMSA) dated\nMay 13, 2013, you requested an interpretation of the applicability of the Federal pipeline safety\nregulations at 49 CFR Part 194. Specifically, you requested whether the § 194.101 response plan\nrequirements apply to intrastate pipelines. You acknowledged that§ 194.101 does not\nspecifically exclude operators of intrastate onshore pipeline facilities from preparing and\nsubmitting a response plan to PHMSA. However, it is your understanding that it is commonly\naccepted in the pipeline industry that only interstate pipelines need to submit the response plans.\nThe purpose of Part 194 is to reduce the environmental impact of oil discharge from onshore oil\npipeline spills ( 194.1 ). Part 194 applies to an operator of an onshore oil pipeline that, because\nof its location, could reasonably be expected to cause significant and substantial harm to the\nenvironment by discharging oil into or on any navigable waters of the United States or adjoining\nshorelines(§ 194.3). Section 194.3 does not exclude intrastate pipelines from the§ 194.101\nrequirements. Therefore, intrastate onshore oil pipelines are subject to Part 194 unless they\nqualify for an exception under § 194.101(b).\nIf we can be of further assistance, please contact Tewabe Asebe of my staff at (202) 366-5523.\nSincerely,\n/!&:/:I ..;-\n\\.._ . Jh Gl\n1 , o n A. a e\n/ Director, Office of Standards\n/\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 2>>>\n\nMay 13,2013\nOffice of Pipeline Safety (PHP-30) PHMSA\nUnited States Department of Transportation\n1200 New Jersey Avenue, SE.\nWashington, DC 20590-0001\nSubject: 49 CFR Subchapter D Part 194 Response Plans and applicability to intrastate pipelines\nHello,\n49 CFR, Subchapter D, § 190.11 states in part: \"(1) A written interpretation, response to a question, or\nan opinion concerning a pipeline safety issue may be obtained by submitting a written request to the\nOffice of Pipeline Safety (PHP-30), PHMSA, U.S. Department of Transportation, 1200 New Jersey\nAvenue, SE; Washington, DC 20590-0001. The requestor must include his or her return address and\nshould also include a daytime telephone number. Written requests should be submitted at least 120\ndays before the time the requestor needs the response. (2) A written interpretation regarding Federal\nPipeline safety law, 49 U.S.C. 60101 et seq., may be obtained from the Office of the Chief Counsel,\nPHMSA, U.S. Department of Transportation, 1200 New Jersey Avenue, SE, Washington, DC 20590-0001.\nThe requestor must include his or her return address and should include a daytime telephone number.\"\nAs such, I am writing to ask the following question: Are intrastate pipelines required to submit a Part\n194 Response Plan to PHMSA? 49 CFR, Subchapter D Part 194.101 titled \"Operators Required to Submit\nPlans\" states in part that (excluding exceptions) \" ... each operator of an onshore pipeline facility shall\nprepare and submit a response pi to PHMSA ... \" 194.101 does not specifically exclude intrastate\npipelines from having to submit a Response Plan to PHMSA. However, it is commonly accepted in the\npipeline industry that only interstate pipelines need to submit plans.\nThank you,\nShelley Ragsdale\nAddress: 15410 Baybrook Dr. Houston, TX 77062\nfelephone: 31Bs72.:o646 · · · · ·\ni'·. · :.;.·r '","truncated":false,"body_characters":4072}