{"operation":"document","citation":"PI-21-0006","title":"Shell Pipeline Company LP — Pipeline Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2021-07-13","effective_on":null,"summary":"PI-21-0006 response to Shell Pipeline Company LP concerning 195.412.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-21-0006.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-21-0006.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-21-0006","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/pipeline/interpretations/75551/shell-pipeline-company-lp-pi-21-0006-07-12-2021-part195412.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety Administration July 12, 2021\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nMs. Deborah Price\nIntegrity and Regulatory Services Managing\nShell Pipeline Company LP\nWoodcreek Bldg A-2nd Floor\n150 Dairy Ashford Road\nHouston, TX 77079\nDear Ms. Price:\nIn a letter to the Pipeline and Hazardous Materials Safety Administration (PHMSA), dated\nJune 4, 2021, you requested an interpretation of 49 CFR Part 195. Specifically, you requested an\ninterpretation as to the applicability of § 195.412 to the use of drones to perform an aerial\ninspection of pipelines’ rights-of-way (ROW).\nYou stated Shell Pipeline Company LP (SPLC) proposes to use drones to perform aerial\ninspection of ROW on a new pipeline in the PHMSA Eastern Region. The drone would be\nequipped with video equipment to fly over the ROW while Operator Qualified personnel will\nreview the footage in real time. You provided, as attachment, examples of the quality of the\nimages produced by the drone. You stated the video footage has an additional benefit of the\nability to go back and review the footage. In addition, you stated if necessary, the video footage\nwould also be stored for over time comparisons. You asked PHMSA whether the use of the\ndrone technology complies with the § 195.412 ROW inspection requirements.\nSection 195.412(a) requires each operator to inspect the surface conditions on or adjacent to each\nPart 195 regulated pipeline ROW at intervals not exceeding 3 weeks but at least 26 times each\ncalendar year. Also, § 195.412(a) specifies the methods of inspection to include walking,\ndriving, flying or other appropriate means of traversing the ROW.\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\nTherefore, where aerial ROW inspection is appropriate, § 195.412(a) does not exclude drone\n(Unmanned Aerial System (UAS)) use as long as the images provided by the UAS have\nsufficient resolution to provide the necessary details of the surface conditions on and adjacent to\neach pipeline ROW. However, nothing in this interpretation affects the operator’s obligation to\noperate the UAS in accordance with all laws and regulations regarding UAS use.\nIf we can be of further assistance, please contact Tewabe Asebe at 202-366-5523.\nSincerely,\nJohn A. Gale\nDirector, Office of Standards\nand Rulemaking\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 3>>>\n\nShell Pipeline Company LP\nWoodcreek Bldg A-2nd floor\n150 Dairy Ashford Road\nHouston, Texas 77079\nJune 4, 2021\nMr. John A. Gale\nDirector, Office of Standards and Rulemaking\nPI1MSA, U.S. Department of Transportation\n1200 New Jersey Avenue, SE\nWashington, D.C. 20590-0001\nSUBJECT: Request for Written Regulatory Interpretation on Drone Use for Inspection of\nRights-of-Way as required by 49 CFR 195.412\nDear Mr. Gale:\nShell Pipeline Company LP (SPLq respectfully requests a written interpretation as it pertains to the\nuse of drones to perform aerial inspection of rights-of-way (ROW). SPLC is proposing to use drone\naircraft to perform the regulatory required ROW inspection on a new pipeline in the PHMSA\nEastern Region. A drone equipped with video equipment will be flown over the ROW while\nOperator Qualified personnel will review the footage in real time. An example of the quality of the\nimages that will be provided is attached. As is evident in the examples, the quality of the images is as\ngood if not better than what can be seen by a pilot in traditional aerial patrol situations. The video\nfootage has an additional benefit of the ability to go back and review the footage if necessary. It will\nalso be stored for a time so that comparisons over ti me can be made if necessary. One other\ntangential benefit that is becoming more important in today's world is a decrease in our overall net\ncarbon footprint with drone technology over patrol with an aircraft.\nSPLC is of the opinion that this method of pipeline patrol is equivalent or better than methods\ncurrently in use and approYcd by PHMSA and is seeking a ruling from PIIMSA if they support the\nuse of drone technology paired with human review of the images provided to comply with the\nrequirements of 49 CPR 195.412. Please review the images and indicate if this technology is\nacceptable to PHMSA. If you would like to review some of the video footage, we would be more\nthan happy to give you a demonstration of the capabilities of this technology.\nThank you for your time and attention to this matter. If you have any questions regarding this\nrequest or need any additional information, please contact me at (832) 762-2553 or\ndeborah. price@shell.com.\ns?JU�\nDeborah Price\nIntegrity and Regulatory Services Manager\nShell Pipeline Company LP\n\n<<<PAGE 4>>>\n\nAttachment – Examples of the quality of the images provided by the drone\nNote the clear view of the the ROW.\nVehicles, structures, and erosion mitigations are all clearly visible.\n\n<<<PAGE 5>>>\n\nAn example of the ability of the pilot to zoom in or out while flying. This car is the same car that is\nseen to the right below. The pilot zoomed out a bit for a wider view in the picture below.","truncated":false,"body_characters":6059}