{"operation":"document","citation":"PI-23-0013","title":"Windler Ventures, LLC — Pipeline Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2024-04-26","effective_on":null,"summary":"PI-23-0013 response to Windler Ventures, LLC concerning 192.712.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-23-0013.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-23-0013.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-23-0013","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/2024-04/Windler-Ventures-LLC-PI-23-0013-04-25-2024-Part192.712.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nPipeline and Hazardous\nMaterials Safety\nAdministration\n1200 New Jersey Avenue, SE\nWashington, DC 20590\nApril 25, 2024\nMr. Cary Windler\nPrincipal\nWindler Ventures, LLC\n40976 Westley Lane\nMagnolia, TX 77354\nDear Mr. Windler:\nIn a letter to the Pipeline and Hazardous Materials Safety Administration (PHMSA), dated\nJune 29, 2023, you requested an interpretation of the Federal pipeline safety regulations in\n49 Code of Federal Regulations (CFR) Part 192 with respect to the § 192.712(c) dent evaluation\nprocedure notification requirement.\nYou asked if the code requires an operator to develop an engineering critical assessment (ECA)\nprocedure, why does PHMSA require the operator to submit advance notification of the\nprocedure before using it?\nYou stated § 192.712(c) requires operators to develop a dent evaluation procedure that includes\nhow the operator will perform an ECA for dent evaluations. Also, you stated § 192.712(c)(11)\nrequires operators to submit advanced notice to PHMSA in accordance with § 192.18 prior to\nusing an ECA for dent evaluations. You believe these requirements may conflict with each\nother, and that normally if the regulations require an operator to develop a procedure, the\noperator can use that procedure without permission. The applicable regulatory language is\nreprinted below.\n§ 192.712 Analysis of predicted failure pressure and critical strain level.\n(a) ….\n(c) Dents and other mechanical damage. To evaluate dents and other mechanical\ndamage that could result in a stress riser or other integrity impact, an operator must\ndevelop a procedure and perform an engineering critical assessment as follows:\n(1) ….\n(11) An operator using an engineering critical assessment procedure, other\ntechnologies, or techniques to comply with paragraph (c) of this section must submit\nadvance notification to PHMSA, with the relevant procedures, in accordance with\n§ 192.18.\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\nYou asked PHMSA the following questions and PHMSA’s response follows each question.\nQuestion 1: If an operator has a fully developed dent evaluation procedure, which\nincludes criteria for performing an ECA, does the operator need to notify PHMSA prior\nto implementing an ECA which follows the operator’s procedure?\nResponse to 1: Yes, per § 192.712(c)(11), an operator using an ECA procedure must\nsubmit advance notification to PHMSA, with the relevant procedures, in accordance with\n§ 192.18.\nQuestion 2: If the answer to Question 1 is “Yes”, then: Can the operator submit advance\nnotification, including the relevant dent evaluation and ECA procedure, one time to cover\nall future uses of the procedure?\nResponse to 2: Yes, operators that comply with § 192.712(c)(11) to submit advance\nnotification to PHMSA of an ECA and relevant procedures developed in accordance with\nrequirements of § 192.712(c) may use the submitted ECA procedure for future dent and\nmechanical damage evaluations in a manner consistent with the parameters and\nlimitations established by that procedure. Any changes made to the ECA procedure after\nsubmission requires the operator to submit advance notice of the new procedure in\naccordance with 192.712(c)(11).\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\nJune 29, 2023\nTo: Information Resources Manager\nFrom: Cary Windler\nSubject: Interpretation for 49 CFR 192.712(c)\nI am requesting an interpretation regarding §192.712(c) and §192.712(c)(11). These\ncode references appear to be slightly in conflict with each other. Normally if the code\nrequires an Operator to develop a procedure, the Operator can use that procedure\nwithout permission.\n• §192.712(c) requires Operators to develop a dent evaluation procedure which\nincludes how the operator will perform an ECA for dent evaluations. This\nprocedure, and therefore the ECA process, would be subject to PHMSA and\nstate regulatory audits and must be sufficient to be compliant with §192.712(c).\n• §192.712(c)(11) requires Operators to submit advanced notice to PHMSA in\naccordance with §192.18 prior to using an ECA for dent evaluations.\nQuestion 1: If an Operator has a fully developed dent evaluation procedure, which\nincludes criteria for performing an ECA, does the Operator need to notify PHMSA prior\nto implementing an ECA which follows the Operator’s procedure?\nQuestion 2: If the answer to Question 1 is “Yes”, then: Can the Operator submit\nadvance notification, including the relevant dent evaluation and ECA procedure, one\ntime to cover all future uses of the procedure?\nIf you have any questions or need further information, please feel free to reach out to\nme. Thank you for your time and response.\nCary Windler, PE, Principal\nWindler Ventures, LLC\nCary.Windler.PE@Gmail.com","truncated":false,"body_characters":5945}