{"operation":"document","citation":"PI-23-0010","title":"B3PE LLC — Pipeline Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2023-10-04","effective_on":null,"summary":"PI-23-0010 response to B3PE LLC concerning 192.3.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-23-0010.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-23-0010.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-23-0010","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/docs/standards-rulemaking/pipeline/interpretations/77991/b3pe-llc-pi-23-0010-10-02-2023-part1923.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nOctober 4, 2023\nMr. Brad Bean\nSenior Partner and Managing Member\nB3PE LLC\n419 East Columbia Street\nColorado Springs, Colorado 80907\nDear Mr. Bean:\nIn a letter to the Pipeline and Hazardous Materials Safety Administration (PHMSA) dated\nMarch 10, 2023, you requested an interpretation of the Federal pipeline safety regulations in\n49 Code of Federal Regulations (CFR) Part 192 with respect to the § 192.3 definition of\n“transmission line.”\nYou stated that the paragraph (2) definition of a “transmission line” was revised by the\nAmendment 192-132 of the August 24, 2022, final rule (87 Fed. Reg. 52267), from “(2) Operates\nat a hoop stress of 20 percent or more of SMYS; or” to “(2) Has an MAOP of 20 percent or more\nof SMYS;”\nYou stated that the maximum allowable operating pressure (MAOP) is a measure of pressure and\nspecified minimum yield strength (SMYS) is a measure of stress, and the new wording of\n“transmission line” therefore evaluates a pressure value against a stress value while the original\nwording made it clear that the evaluation criteria was between two stress values. You believe the\nnew wording meant to evaluate an MAOP that would produce a hoop stress of 20 percent or\nmore of SMYS, such that two stress values would be compared in defining a “transmission line”\nunder § 192.3. You suggested if PHMSA meant to indicate the latter (i.e., an MAOP that would\nproduce a hoop stress of 20 percent or more of SMYS) in the new wording of “transmission line”\nthat PHMSA should amend the paragraph (2) definition of “transmission line” to clearly state the\nintended evaluation criteria. You requested confirmation that the August 24, 2022, final rule\nregulatory language intended operators to evaluate if the hoop stress produced by the MAOP is\nequal to or greater than 20 percent of SMYS. The relevant regulatory language is reprinted\nbelow.\n§ 192.3 Definitions.\nTransmission line means a pipeline or connected series of pipelines, other\nthan a gathering line that:\n(1) ….\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\n(2) Has an MAOP of 20 percent or more of SMYS;\nResponse: The August 24, 2022, final rule regulatory language intended operators to evaluate if\nthe hoop stress produced by the MAOP is equal to or greater than 20 percent of SMYS;\ntherefore, a pipeline with an MAOP that produces a hoop stress of 20 percent or more of SMYS\nwould be a transmission line under paragraph (2) of 49 CFR § 192.3.\nPHMSA will consider clarifying the § 192.3 regulatory definition of “transmission line” in a\nfuture rulemaking.\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\n83PE\nEngineering & Software Services\nMarch 10, 2023\nMr. Shane Kelley\nDirector, Standards and Rulemaking Division\nU.S. DOT/PHMSA (PHH-10)\n1200 New Jersey Avenue, SE East Building, 2nd Floor\nWashington, DC 20590\nRe: Request For Formal Interpretation 49 CFR 192.3 \"Transmission line\" Definition\nThe definition of a \"Transmission line\" was revised by Amendment 192-132 August 24, 2022. Paragraph\n(2) of the definition previously read,\n\"(2) operates at a hoop stress of 20 percent or more of SMYS; or\"\nThe revised Paragraph (2) reads,\n\"(2) Has an MAOP of 20 percent or more of SMYS;\"\nAs you may be aware, MAOP is a measure of pressure, SMYS is a measure of stress. The original wording\nmade it clear that the evaluation criteria was between two stress values. The new wording (as written) is\nevaluating a pressure value against a stress value. With this wording the evaluation would be calculated as:\nMAOP I SMYS x 100 Equation 1\nI suspect that the new wording was intended to say something like \"Has an MAOP that would produce a hoop\nstress of 20 percent or more of SMYS\". With this wording the evaluation would be calculated as:\nHoop Stress At MAOP I SMYS x 100 Equation 2\nPlease confirm whether the 20 percent evaluation criteria is to be calculated using Equation 1 or Equation\n2. If Equation 2 is correct, I would suggest amending the definition to clearly state the intended evaluation\ncriteria.\nPlease advise. Respectfully Submitted,\nBrad Bean\nSenior Partner/Managing Member\n83PE LLC • 419 East Columbia Street • Colorado Springs, Colorado 80907 • USA\n(719) 578-9391 • www.b3pe.com","truncated":false,"body_characters":5507}