{"operation":"document","citation":"PI-17-0013","title":"Automatic Propane Gas and Supply — Pipeline Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2017-12-11","effective_on":null,"summary":"PI-17-0013 response to Automatic Propane Gas and Supply concerning 192.1.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-17-0013.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-17-0013.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-17-0013","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/pipeline/interpretations/56636/automatic-propane-gas-and-supply-pi-17-0013-11-27-2017-part-1921.pdf","body":"<<<PAGE 1>>>\n\nUS. Department\nofTransportation\nPipeline and Hazardous Materials\nSafety Administration\n1200 New Jersey Avenue SE\nWashington DC 20590\nN OV 2 7 2017\nMr. David Dupuy,\nSafety Director\nAutomatic Propane Gas and Supply\n1677 SUS Highway. 69\nMineola, TX 75773\nDear Mr. Dupuy:\nIn a July 25, 2017, letter to the Pipeline and Hazardous Materials Safety Administration\n(PHMSA), you requested an interpretation of 49 CFR Part 192. Specifically, you requested an\ninterpretation whether the exclusion from Part 192 specified in§ 192.l(b)(5)(i) applies to small\nliquefied petroleum gas systems that serve fewer than 10 customers and are not located in a\npublic place. Also, you asked if the exclusion applies, whether the excluded small regulated\nliquefied petroleum gas operators would be exempt from the requirements of§ 192.1015.\nYou described your pipeline system as follows:\nThe liquefied petroleum gas (propane) systems our company operates are only used to\nprovide liquefied petroleum gas to residential homes located in small neighborhoods I\nsubdivisions. The systems meet the requirement in 49 CFR 192.l(b)(5)(i) for fewer than\n10 customers, in most cases only 6 or 7 homes. The LPG piping runs from a 1000 gallon\nor sometimes two 1000 gallon LPG tanks located in the front yard (both at the same\nlocation) of one residential property and transports LPG vapor across residential property\nwithin the neighborhood from one home to another. At no point does the piping cross\nunder a road within the neighborhood. The question on our end is whether this would not\nbe considered a \"public place\" and satisfy the rest of the exclusion listed in 49 CFR\n192.l(b)(5)(i)? The term public place as taken from a PHMSA manual used to identify\nand clarify regulations which apply to jurisdictional LP gas operators defines public place\nas \"a place which is generally open to all persons in a community as opposed to being\nrestricted to specific persons. Churches, schools, and commercial buildings as well as\nany publicly owned rights-of-way or property which if frequented by persons are public\nplaces).\" It is our understanding that one's residential home I property is considered\nprivate being restricted to specific persons thus meeting the definition of not being\nconsidered a public place. This would satisfy the complete exclusion for all requirements\nprovided in 49 CFR 192.1 as well as absolve the need for an integrity management plan\nfound in 49 CFR 192.1015?\nIt is not Automatic Propane Gas and Supply's intent to dodge or avoid regulatory\ncompliance, but to ensure our company follows and correctly interprets the regulations\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\nprovided by PHMSA to ensure the safety of the public. It is our interpretation that \"public\nplace\" was listed within the regulation to omit small systems in locations such as these.\nYour assistance and guidance on this matter will be greatly appreciated.\nAlso, in an August 28, 2017, email, you provided a drawing and pictures of one of your propane\ntank and service line systems. You described the tanks as below ground and connected to the\npoly pipe lines that run to the tanks located at the houses.\nThe regulations in Part 192 prescribe minimum safety requirements for pipeline facilities and the\ntransportation of gas, but do not apply to \"Any pipeline system that transports only petroleum\ngas or petroleum gas/air mixtures to ... few than 10 customers, if no portion of the system is\nlocated in a public place.\" 49 CFR § 192.l(b)(5)(i). Because your system is located solely\nwithin private property and serves fewer than 10 customers, your system is exempt from Part\n192. Therefore, you are not required to comply with the provisions of§ 192.1015.\nIfwe can be of further assistance, · please contact Tewabe Asebe at 202-366-5523.\nSincerely,\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 reflect 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.\nI\n\n<<<PAGE 3>>>\n\n7-25-17\nU.S. DOT\nAttn: PHH-10\nEast Building\n1200 New Jersey Avenue, SE.\nWashington, DC 20590-0001\nPHMSA Office of Hazardous Materials, phmsa.hm-infocenter@dot.gov\nThe following shall serve as a request for an interpretation and further clarification of 49 CFR\n192.1, specifically 49 CFR 192.1 (b)(5)(i) and the reference to the term “public place” and\nwhether the exclusion applies to the small liquefied petroleum gas systems our company,\nAutomatic Propane Gas and Supply, operates. Also, if the exclusion applies to our systems does\nthis absolve us from the requirements listed in 49 CFR 192.1015 for an integrity management\nplan even though the section states they are required for small lpg operators (an operator of a\nliquefied petroleum gas (LPG) distribution pipeline that serves fewer than 100 customers from a\nsingle source)?\nThe liquefied petroleum gas (propane) systems our company operates are only used to\nprovide liquefied petroleum gas to residential homes located in small neighborhoods /\nsubdivisions. The systems meet the requirement in 49 CFR 192.1 (b)(5)(i) for fewer than 10\ncustomers, in most cases only 6 or 7 homes. The LPG piping runs from a 1000 gallon or\nsometimes two 1000 gallon LPG tanks located in the front yard (both at the same location) of\none residential property and transports LPG vapor across residential property within the\nneighborhood from one home to another. At no point does the piping cross under a road within\nthe neighborhood. The question on our end is whether this would not be considered a “public\nplace” and satisy the rest of the exclusion listed in 49 CFR 192.1 (b)(5)(i)? The term public\nplace as taken from a PHMSA manual used to identify and clarify regulations which apply to\njurisdictional LP gas operators defines public place as “a place which is generally open to all\npersons in a community as opposed to being restricted to specific persons. Churches, schools,\nand commercial buildings as well as any publicly owned rights-of-way or property which if\nfrequented by persons are public places)”. It is our understanding that one’s residential home /\nproperty is considered private being restricted to specific persons thus meeting the definition of\nnot being considered a public place. This would satisfy the complete exclusion for all\nrequirements provided in 49 CFR 192.1 as well as absolve the need for an integrity management\nplan found in 49 CFR 192.1015?\nIt is not Automatic Propane Gas and Supply’s intent to dodge or avoid regulatory compliance,\nbut to ensure our company follows and correctly interprets the regulations provided by PHMSA\nto ensure the safety of the public. It is our interpretation that “public place” was listed within the\nregulation to omit small systems in locations such as these. Your assistance and guidance on this\nmatter will be greatly appreciated.\nDavid Dupuy - Safety Director\nAutomatic Propane Gas and Supply\n1677 S US Hwy. 69, Mineola, TX. 75773\nPhone: 504-220-1166, Email: dave.dupuy@raymondmartin.com\n\n<<<PAGE 4>>>\n\na Map co.\nMARSHALL UNIVERSITY SURVEY\n4-627\n1222112005.\nMAR G° 2005\nDinar ea\nRE\n3.869 Ac.\nLOT 5\nhB1E50Y:9.10001\n2.374 Ac.\nLOT 4\n2.840 Ac.\nLOT 3\n2.441 Ac.\nLOT 2\nCal done Park\nrip: d2e\nFor 13/21 2\nCal 11015 a:\nHOUSE\nHOUSE\nHOUSTE\n2.469 Ac.\nLOT 1\nNo! to Scale\nVicinity Mop\nARE\n864.\n8-3-103: 23/709\nSAVANNAH SHORES\nFINAL PLAT\nSMITH COUNTY, TEXAS\nSURVEYS AS SHOWN\nSCALE: 1\" = 100°\n\n<<<PAGE 5>>>","truncated":false,"body_characters":8272}