{"operation":"document","citation":"PI-74-0148","title":"State of Florida — Pipeline Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1974-12-06","effective_on":null,"summary":"PI-74-0148 response to State of Florida concerning 192.11.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-74-0148.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-74-0148.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-74-0148","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/Pipeline/1974/g74-12-06_Greene_192.11-lmx.pdf","body":"<<<PAGE 1>>>\n\nPI-74-0148\nDecember 6, 1974\nMr. Olin L. Greene, Director\nDivision of State Fire Marshal\nState of Florida\nTallahassee, FL 32304\nDear Mr. Greene:\nThank you for your letter of November 15, 1974, asking whether in 49 CFR 192.11(a) the\nlanguage \"any portion of which is located in a public place (such as a highway)\" refers only to\npublicly owned rights-of-way or property.\nThe term \"public place\" in Section 192.11(a) means a place which is generally open to all\npersons in a community as opposed to being restricted to specific persons. We consider\nchurches, schools, and commercial buildings as well as any publicly owned right-of-way or\nproperty which is frequented by persons to be public places under Section 192.11.(a).\nWe appreciate your interest in pipeline safety.\nSincerely,\n/signed/\nJoseph C. Caldwell\nDirector\nOffice of Pipeline Safety\n\n<<<PAGE 2>>>\n\nNovember 15, 1974\nJoseph C. Caldwell, Director\nOffice of Pipeline Safety\nDepartment of Transportation\nWashington, D. C. 20590\nRequest for an Interpretation on Title 49-192.11(a)\nDear Mr. Caldwell:\nTitle 49, Code of Federal Regulation 192.11(a), states that \"no operator may transport\npetroleum gas in a system that serves ten or more customers, or in a system, any portion of which\nis located in a public place (such as a highway), unless that system meets the requirements of this\npart and NFPA Standards #58 and #59. In the event of a conflict, the requirements of this part\nprevail.\"\nThe phrase, \"any portion of which is located in a public place (such as a highway),\" is the\nportion of this section to which we request an interpretation.\nIf a public place is to be construed as a place where the public gathers or comes to do\nbusiness, then approximately ten per cent of the LP gas tank systems in the State of Florida\nwould be installed in such locations. Many of these systems are installed above ground but the\nlines leading to the customer meter or piping would be considered a service line by definition.\nThese above ground lines are protected by location and are visible for periodic inspections. In\nmost instances, the line heading from the tank to the customer meter or pipeline whether above\nground or underground, would not exceed 15 feet.\nThese systems are installed in compliance with NFPA #58 and our office as well as local\njurisdictions inspect the installations. We have no record of an accident having occurred due to\nthese service lines being damaged by a third party or corroding to the extent of leaking gas,\ncausing an accident.\nIf these gas systems, in most cases consisting of one or two tanks and approximately 15\nfeet of low pressure gas piping are construed to be jurisdictional, then this would place an\nawesome burden on the gas dealers of this state, both in money and time required for record\nkeeping.\nWe feel that the added expense, which must be borne by the customer, could not be offset\nby the questionable additional safety derived from complying with the Natural Gas Pipeline\nSafety Act instead of NFPA #58.\nWe would suggest that a public place be construed to be a publically owned right-of-way\nor property. If this were the ruling, then schools and public owned buildings would be covered.\n\n<<<PAGE 3>>>\n\nIf we can be helpful to you in any manner in the interest of life safety or fire prevention\nplease let us know.\nSincerely,\nThomas D. O'Malley\nState Treasurer\nState Fire Marshall\nOlin L. Greene, Director\nDivision of State Fire Marshal","truncated":false,"body_characters":3453}