{"operation":"document","citation":"PI-23-0009","title":"CH-IV International — Pipeline Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2023-07-11","effective_on":null,"summary":"PI-23-0009 response to CH-IV International concerning 193.2013, 193.2067.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-23-0009.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-23-0009.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-23-0009","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/pipeline/interpretations/77681/ch-iv-pi-23-0009-07-11-2023-part1932013-and-1932067.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nJuly 11, 2023\nMr. Lex De Groot\nCivil Engineer\nCH-IV International\n11700 Katy Freeway\nSuite 1350\nHouston, TX 77079\nDear Mr. De Groot:\nIn a letter to the Pipeline and Hazardous Materials Safety Administration (PHMSA), dated\nMarch 27, 2023, you requested an interpretation of the Federal pipeline safety regulations in\n49 Code of Federal Regulations (CFR) Part 193 with respect to the applicability of §§ 193.2013\nand 193.2067 to wind forces design for an LNG facility.\nYou stated that the requirement to follow ASCE/SEI 7-05, “Minimum Design Loads for\nBuildings and Other Structures” 2005 edition (including supplement No. 1 and Errata),\n(ASCE/SEI 7-05 or ASCE 7-05) only applies to shop fabricated containers of LNG or other\nhazardous fluids with a capacity of not more than 70,000 gallons. You asked whether the\n§ 193.2067(b)(2) wind forces requirement can be determined by applying the edition of\nASCE/SEI 7 incorporated by reference in the State Building Code enforced at the time of the\ndesign and construction of such facilities. You stated this is supported by the January 5, 2015,\namendment to § 193.2067(b)(1)1 that removes the “-05” edition from this requirement, allowing\nthat a current edition of ASCE/SEI 7 could also be followed for § 193.2067(b).\nUnder § 193.2067(b)(1), ASCE 7-05 is the incorporated by reference standard. No other\nstandard may be used for § 193.2067(b)(1). Section 193.2013(d)(1) specifically incorporates the\n2005 edition of ASCE/SEI 7-05, and the 2015 final rule your letter references did not change or\nupdate the incorporated by reference standard.\nAs to the remaining question in your inquiry, under § 193.2067(b)(2), there is no standard\nincorporated by reference. Rather, the wind forces at a location of the specific facility must be\nbased on the wind speeds established in either §§ 193.2067(b)(2)(i) or (b)(2)(ii).\n1 80 Fed. Reg. 168 (Jan. 5, 2015).\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\nPage 2 of 2\nHowever, you may use the edition of ASCE/SEI 7 required by the State’s building code enforced\nat the time of the design and construction of such facilities to assist in determining the wind\nforces, only if the wind forces are calculated based on the wind speeds equal to or greater than\nthose determined under §§ 193.2067(b)(2)(i) or (b)(2)(ii). Please note that PHMSA reviews\nstructural calculations on a case-by-case basis to verify proper application of load equations and\nfactors.\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 3>>>\n\nContact Name: Lex de Groot Title: Civil Engineer\nDirect Line: 713-267-5563\nDirect Email: ldegroot@ch-iv.com\nCHꞏIV International\n11700 Katy Freeway, Suite 1350\nHouston, TX 77079 USA\nwww.CH-IV.com\nMarch 27, 2023\nMr. John A. Gale\nDirector, Office of Standards and Rulemaking\nOffice of Pipeline Safety (PHP-30)\nPipeline and Hazardous Materials Safety Administration\nU.S. Department of Transportation\n1200 New Jersey Avenue, S.E.\nWashington, D.C. 20590-0001\nTitle 49 of the Code of Federal Regulations Interpretation of Part 193 Subpart B, Section 193.2067.\nDear Mr. Gale,\nThis letter is a formal request for written interpretation of the referenced section of Title 49 of the Code of\nFederal Regulations Part 193. This interpretation is requested to clarify the design code requirements to\ncomply with §193.2013 and §193.2067.\n§193.2067 states:\n(b) The wind forces at the location of the specific facility must be based on one of the following:\n(1) For shop fabricated containers of LNG or other hazardous fluids with a capacity of not more\nthan 70,000 gallons, applicable wind load data in ASCE/SEI 7 (incorporated by\nreference, see § 193.2013).\n(2) For all other LNG facilities:\n(i) An assumed sustained wind velocity of not less than 150 miles per hour, unless the\nAdministrator finds a lower velocity is justified by adequate supportive data; or\n(ii) The most critical combination of wind velocity and duration, with respect to the effect on\nthe structure, having a probability of exceedance in a 50-year period of 0.5 percent or less,\nif adequate wind data are available and the probabilistic methodology is reliable\n[45 FR 9203, Feb. 11, 1980, as amended by Amdt. 193-1, 45 FR 57419, Aug. 28, 1980; 58 FR 14522,\nMar. 18, 1993; Amdt. 193-16, 63 FR 37505, July 13, 1998; Amdt. 193-17, 65 FR 10959, Mar. 1, 2000;\nAmdt. 193-19, 71 FR 33409, June 9, 2006; Amdt. 193-22, 75 FR 48604, Aug. 11, 2010; Amdt. 193-\n25, 80 FR 183, Jan. 5, 2015]\n1 of 2\n\n<<<PAGE 4>>>\n\n§193.2013 states:\n(a) This part prescribes standards, or portions thereof, incorporated by reference into this part with the\napproval of the Director of the Federal Register in 5 U.S.C. 552(a) and 1 CFR part 51. The materials listed\nin this section have the full force of law. To enforce any edition other than that specified in this section,\nPHMSA must publish a notice of change in the Federal Register.\n(d) American Society of Civil Engineers (ASCE), 1801 Alexander Bell Drive, Reston, VA 20191, (800) 548-\n2723, 703 295-6300 (international), Web site: http://www.asce.org.\n(1) ASCE/SEI 7-05, “Minimum Design Loads for Buildings and Other Structures” 2005 edition\n(including supplement No. 1 and Errata), (ASCE/SEI 7-05), IBR approved for § 193.2067(b).\nTherefore, the requirement to follow ASCE/SEI 7-05 to determine wind forces apply only to\n§193.2067(b)(1), shop fabricated containers of LNG or other hazardous fluids with a capacity of not more\nthan 70,000 gallons.\nFor all other LNG facilities, per §193.2067(b)(2), ASCE/SEI 7-05 is not incorporated by reference and wind\nforces must be based on §193.2067(b)(2)(i) or §193.2067(b)(2)(ii). Therefore, for LNG facilities included in\n§193.2067(b)(2), it is understood that wind forces can be determined by applying §193.2067(b)(2)(i) or\n§193.2067(b)(2)(ii) with the edition of ASCE/SEI 7 incorporated by reference in the State Building Code\nenforced at the time of the design and construction of such facilities.\nThis is supported by the January 5th, 2015 amendment to §193.2067(b)(1) published in the Federal Register\n80 FR 183, and referenced in §193.2067, that removes the “-05” edition from this requirement, allowing that\na current edition of ASCE/SEI 7 could also be followed for §193.2067(b)(1).\n§193.2067 amendment as published in the Federal Register 80 FR 183 (Amdt. 193-25, 80 FR 183,\nJan. 5, 2015):\n37. Amend §193.2067 paragraph (b)(1) by removing the term “ASCE/SEI 7-05” and adding in its\nplace the term “ASCE/SEI 7”.\nWe would like to confirm that to comply with §193.2067(b)(2), wind forces can be determined by applying\n§193.2067(b)(2)(i) or §193.2067(b)(2)(ii) with the edition of ASCE/SEI 7 incorporated by reference in the\nState Building Code enforced at the time of the design and construction of such facilities.\nLooking forward to your feedback, I am available for future discussions as needed. Thank you for handling\nthis matter and I look forward to hearing from you soon.\nSincerely,\nLEX DE GROOT\nCivil Engineer\n2 of 2","truncated":false,"body_characters":8268}