B3PE LLC — Pipeline Safety Interpretation

Page 1U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration 1200 New Jersey Avenue, SE Washington, DC 20590 October 4, 2023 Mr. Brad Bean Senior Partner and Managing Member B3PE LLC 419 East Columbia Street Colorado Springs, Colorado 80907 Dear Mr. Bean: In a letter to the Pipeline and Hazardous Materials Safety Administration (PHMSA) dated March 10, 2023, you requested an interpretation of the Federal pipeline safety regulations in 49 Code of Federal Regulations (CFR) Part 192 with respect to the § 192.3 definition of “transmission line.” You stated that the paragraph (2) definition of a “transmission line” was revised by the Amendment 192-132 of the August 24, 2022, final rule (87 Fed. Reg. 52267), from “(2) Operates at a hoop stress of 20 percent or more of SMYS; or” to “(2) Has an MAOP of 20 percent or more of SMYS;” You stated that the maximum allowable operating pressure (MAOP) is a measure of pressure and specified minimum yield strength (SMYS) is a measure of stress, and the new wording of “transmission line” therefore evaluates a pressure value against a stress value while the original wording made it clear that the evaluation criteria was between two stress values. You believe the new wording meant to evaluate an MAOP that would produce a hoop stress of 20 percent or more of SMYS, such that two stress values would be compared in defining a “transmission line” under § 192.3. You suggested if PHMSA meant to indicate the latter (i.e., an MAOP that would produce a hoop stress of 20 percent or more of SMYS) in the new wording of “transmission line” that PHMSA should amend the paragraph (2) definition of “transmission line” to clearly state the intended evaluation criteria. You requested confirmation that the August 24, 2022, final rule regulatory language intended operators to evaluate if the hoop stress produced by the MAOP is equal to or greater than 20 percent of SMYS. The relevant regulatory language is reprinted below. § 192.3 Definitions. Transmission line means a pipeline or connected series of pipelines, other than a gathering line that: (1) …. The Pipeline and Hazardous Materials Safety Administration, Office of Pipeline Safety provides written clarifications of the Regulations (49 CFR Parts 190-199) in the form of interpretation letters. These letters reflect the agency's current application of the regulations to the specific facts presented by the person requesting the clarification. Interpretations are not generally applicable, do not create legally-enforceable rights or obligations, and are provided to help the specific requestor understand how to comply with the regulations.#

Page 2of 2 (2) Has an MAOP of 20 percent or more of SMYS; Response: The August 24, 2022, final rule regulatory language intended operators to evaluate if the hoop stress produced by the MAOP is equal to or greater than 20 percent of SMYS; therefore, a pipeline with an MAOP that produces a hoop stress of 20 percent or more of SMYS would be a transmission line under paragraph (2) of 49 CFR § 192.3. PHMSA will consider clarifying the § 192.3 regulatory definition of “transmission line” in a future rulemaking. If we can be of further assistance, please contact Tewabe Asebe at 202-366-5523. Sincerely, John A. Gale Director, Office of Standards and Rulemaking The Pipeline and Hazardous Materials Safety Administration, Office of Pipeline Safety provides written clarifications of the Regulations (49 CFR Parts 190-199) in the form of interpretation letters. These letters reflect the agency's current application of the regulations to the specific facts presented by the person requesting the clarification. Interpretations are not generally applicable, do not create legally-enforceable rights or obligations, and are provided to help the specific requestor understand how to comply with the regulations.#

Page 383PE Engineering & Software Services March 10, 2023 Mr. Shane Kelley Director, Standards and Rulemaking Division U.S. DOT/PHMSA (PHH-10) 1200 New Jersey Avenue, SE East Building, 2nd Floor Washington, DC 20590 Re: Request For Formal Interpretation 49 CFR 192.3 "Transmission line" Definition The definition of a "Transmission line" was revised by Amendment 192-132 August 24, 2022. Paragraph (2) of the definition previously read, "(2) operates at a hoop stress of 20 percent or more of SMYS; or" The revised Paragraph (2) reads, "(2) Has an MAOP of 20 percent or more of SMYS;" As you may be aware, MAOP is a measure of pressure, SMYS is a measure of stress. The original wording made it clear that the evaluation criteria was between two stress values. The new wording (as written) is evaluating a pressure value against a stress value. With this wording the evaluation would be calculated as: MAOP I SMYS x 100 Equation 1 I suspect that the new wording was intended to say something like "Has an MAOP that would produce a hoop stress of 20 percent or more of SMYS". With this wording the evaluation would be calculated as: Hoop Stress At MAOP I SMYS x 100 Equation 2 Please confirm whether the 20 percent evaluation criteria is to be calculated using Equation 1 or Equation 2. If Equation 2 is correct, I would suggest amending the definition to clearly state the intended evaluation criteria. Please advise. Respectfully Submitted, Brad Bean Senior Partner/Managing Member 83PE LLC • 419 East Columbia Street • Colorado Springs, Colorado 80907 • USA (719) 578-9391 • www.b3pe.com#