{"operation":"document","citation":"PI-22-0008","title":"National Transportation Safety Board — Pipeline Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2022-06-13","effective_on":null,"summary":"PI-22-0008 response to National Transportation Safety Board concerning 192.801, 195.501.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-22-0008.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-22-0008.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-22-0008","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/pipeline/interpretations/76536/ntsb-pi-22-0008-06-08-2022-part192801-and-part195501.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nJune 8, 2022\nMs. Sara Lyons\nPipeline Investigator\nNational Transportation Safety Board\n490 L'Enfant Plaza, SW\nWashington, D.C. 20594\nDear Ms. Lyons:\nIn a letter to the Pipeline and Hazardous Materials Safety Administration (PHMSA), dated\nMay 12, 2022, you requested an interpretation regarding qualification of pipeline personnel to\nperform covered tasks on pipelines under 49 Code of Federal Regulations (CFR) Part 192,\n§ 192.801 and Part 195, § 195.501.\nYou stated the National Transportation Safety Board is investigating a natural gas-fueled\nexplosion that occurred during routine maintenance on a gas transmission line. You stated the\noperator did not designate launching and receiving pigs as a covered task prior to the incident\nand relied on on-the-job training for pigging-specific operations. You stated, similarly, industry\nstandards such as API 1161, Recommended Practice for Pipeline Operator Qualification (OQ),\nand ANSI/GPTC Z380.1, Guide for Gas Transmission, Distribution, and Gathering Piping\nSystems, may not prompt operators to identify launching and receiving pigs as a covered task.\nYou requested PHMSA’s interpretation of the applicability of the Federal pipeline safety\nregulations for several questions. Your questions are reprinted and PHMSA’s responses follow\nyour questions at the end of this letter.\nApplicable Regulations:\nThe Part 192, Subpart N—Qualification of Pipeline Personnel and the Part 195, Subpart G—\nQualification of Pipeline Personnel have identical scope requirements and are reprinted below.\n§ 192.801 Scope and § 195.501 Scope\n(a) This subpart prescribes the minimum requirements for operator qualification of\nindividuals performing covered tasks on a pipeline facility.\n(b) For the purpose of this subpart, a covered task is an activity, identified by the\noperator, that:\n(1) Is performed on a pipeline facility;\n(2) Is an operations or maintenance task;\n(3) Is performed as a requirement of this part; and\n(4) Affects the operation or integrity of the pipeline.\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 are not generally applicable, do not create legally-enforceable rights or\nobligations, and are provided to help the specific requestor understand how to comply with the regulations.\n\n<<<PAGE 2>>>\n\n2\nBackground\nBuildup of internal pipeline debris (i.e., produced sand, salt, or water, metal shavings, grease,\netc.), corrosion, and buckles or denting within a pipeline are serious problems that affect product\ntransportation, and pipeline integrity that can result in accidents or incidents. There are special\nin-line tools, known as pigs, that can be used to help prevent these problems, to ensure optimal\nflow of products, for cleaning, and internal integrity inspection of pipelines. A pigging system\nconsists of a pig, a launcher, and a receiver. Cleaning pigs remove debris, liquids, scale from the\ninternal wall, etc. Gauging pigs identify if dents or other obstructions are in the pipeline. More\nsophisticated and sensitive in-line inspection (ILI) tools, often referred to as smart pigs, identify\nand measure the severity of anomalies in the pipe such as wall loss due to corrosion, cracks,\ndents, gouges and buckles. Each pig type has a purpose and is used after initial construction and\nfor maintenance or inspection of the pipelines.\nAnalysis\nThe operator qualification regulations cover operation and maintenance (O&M) tasks of a\npipeline system. As pipeline pigs are used for O&M pipeline activities and are integral to\nmeeting the integrity management requirements of Parts 192 and 195, the launching and\nreceiving of pipeline pigs is a task that meets the “four-part-test” in § 192.801(b) or\n§ 195.501(b). In addition, while industry standards, such as the ones you mentioned, may\nprovide a useful starting point for identifying industry-accepted covered tasks, the absence of a\ntask within these industry standards does not mean that the task is not covered under the operator\nqualification requirements in § 192.801(b) or § 195.501(b). It should be noted that ASME\nB31Q, Pipeline Personnel Qualification, does identify and provide guidance for the covered task\nof launching or receiving internal devices (pigs) using traps. To meet the OQ requirements,\noperators must evaluate each task they perform and determine whether the task is a covered task\nusing the four-part-test.\nYour questions are reprinted and PHMSA’s responses to your questions follow each question:\nQuestion 1 - Must activities be specifically prescribed in the regulations to be “performed as a\nrequirement of this part” in accordance with 49 CFR 192.801(b)(3)?\nResponse 1 – No, the four-part-test is applicable for regulated pipeline activities under 49 CFR\nParts 192 and 195. Any activity meeting the four-part test is considered a covered task,\nincluding activities that are integral to meeting the requirements of the regulations.\nQuestion 2 - Is “launching and receiving pigs” a covered task as defined in 49 CFR 192.801(b)\nand 49 CFR 195.501(b)?\nResponse 2 – Yes, as explained in the analysis section, the described pipeline task meets the\nfour-part-test.\nQuestion 3 - Does it matter which regulation the activity is being performed to meet (i.e., 49\nCFR 192.493, 192.632, 192.710, 192.750, 192.921, 192.937, 195.11(b)(10), 195.416, 195.452,\n195.579(a), or any other requirement of 49 CFR Parts 192 or 195)?\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 are not generally applicable, do not create legally-enforceable rights or\nobligations, and are provided to help the specific requestor understand how to comply with the regulations.\n\n<<<PAGE 3>>>\n\n3\nResponse 3 – No, the pipeline activity meets the four-part-test as explained in the analysis\nsection.\nQuestion 4 - Does it matter if the activity is being performed in preparation to meet the\nregulatory requirement (e.g., a gauge pig is being launched in preparation for a required in-line\ninspection tool)?\nResponse 4 No, the pipeline activity meets the four-part-test as explained in the analysis section.\nQuestion 5 - Does it matter if the activity is being performed to meet a performance-based\nrequirement (e.g., a cleaning pig is being launched to prevent and/or mitigate internal corrosion)?\nResponse 5 – No, the pipeline activity meets the four-part-test as explained in the analysis\nsection.\nConclusion\nA regulated pipeline pig launching and receiving task, whether cleaning, product batching, or\nintegrity inspections, is an O&M activity that is performed as a requirement of Parts 192 and 195\nand, therefore, is an operator qualification activity under the four-part-test. Not identifying this\ntask under its O&M does not exempt a pipeline operator from meeting the operator qualification\nrequirements. Regulations for operator qualification are not intended to explicitly identify all\npossible pipeline tasks that require operator qualifications. Rather, the regulations have\nestablished the four-part-test for which pipeline operators are to screen their activities for\noperator qualification criteria. Operators must evaluate each task they perform and determine\nwhether the task is a covered task using the four-part-test. In addition, industry standards not\nidentifying launching and receiving pigs as a covered task does not exempt operators from\nmeeting the Federal pipeline safety regulations including the operator qualification requirements.\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 are not generally applicable, do not create legally-enforceable rights or\nobligations, and are provided to help the specific requestor understand how to comply with the regulations.\n\n<<<PAGE 4>>>\n\nNational Transportation Safety Board\nWashington, D.C. 20594\nOffice of Railroad, Pipeline and Hazardous Materials Investigations\nMay 12, 2022\nJohn Gale\nDirector, Office of Standards and Rulemaking\nOffice of Pipeline Safety\nPipeline and Hazardous Materials Safety Administration\n1200 New Jersey Avenue, SE\nWashington, DC 20590-0001\nDear Mr. Gale:\nI am requesting a formal interpretation of PHMSA’s Operator Qualification (OQ) Rule.\nThe National Transportation Safety Board is conducting an investigation of a natural gas-fueled\nexplosion that occurred during routine maintenance on a gas transmission line.1 The operator did\nnot designate launching and receiving pigs as a covered task prior to the accident; they relied on\non-the-job training for pigging-specific operations. Similarly, industry guidance such as API\n1161, Recommended Practice for Pipeline Operator Qualification (OQ), and ANSI/GPTC\nZ380.1, Guide for Gas Transmission, Distribution, and Gathering Piping Systems, may not\nprompt operators to identify launching and receiving pigs as a covered task.\nPlease answer the following questions to clarify how the federal regulations apply:\n Must activities be specifically prescribed in the regulations to be “performed as a\nrequirement of this part” in accordance with 49 CFR 192.801(b)(3)?\n Is “launching and receiving pigs” a covered task as defined in 49 CFR 192.801(b) and 49\nCFR 195.501(b)?\no Does it matter which regulation the activity is being performed to meet (i.e., 49\nCFR 192.493, 192.632, 192.710, 192.750, 192.921, 192.937, 195.11(b)(10),\n195.416, 195.452, 195.579(a), or any other requirement of 49 CFR Parts 192 or\n195)?\n1 See the public docket at https://data.ntsb.gov/Docket/Forms/searchdocket and search for NTSB Accident ID\nPLD21FR002. Because this investigation is open, the docket will be updated in the future.\n\n<<<PAGE 5>>>\n\no Does it matter if the activity is being performed in preparation to meet the\nregulatory requirement (e.g., a gauge pig is being launched in preparation for a\nrequired in-line inspection tool)?\no Does it matter if the activity is being performed to meet a performance-based\nrequirement (e.g., a cleaning pig is being launched to prevent and/or mitigate\ninternal corrosion)?\nThe NTSB staff appreciates PHMSA’s continued support of our ongoing investigation and your\ntimely response to this request.\nSincerely,\nSara Lyons\nInvestigator-in-Charge\n2","truncated":false,"body_characters":11267}