{"operation":"document","citation":"PI-76-034","title":"Memo: Internal — Pipeline Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1976-08-08","effective_on":null,"summary":"PI-76-034 response to Memo: Internal concerning 192.11.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-76-034.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-76-034.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-76-034","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/Pipeline/1976/PI76034.pdf","body":"<<<PAGE 1>>>\n\nSPEED MEMO\nSUBJECT: Interpretation\nTO: Chiefs, All Regions\nDate: 7-8-76\nINITIAL MESSAGE:\nThe attached material (letter to New Hampshire Public 1976 Advisory Bulletin) is sent for your information.\nUtilities Commission and June\ndal\\192.1-a\\11\\76-07-08\n1\n\n<<<PAGE 2>>>\n\nOPSO Advisory Bulletin No. 76-6 June, 1976 page 4 _\n37 cities nationwide. Details of the cost and the list of the 37 examination cities may be\nobtained from the AWS. Application closing date for the first round of examinations is\nAugust 15th. For a free copy of the Guide to AWS Welding Inspector Qualification and\nCertification with application form, contact the Qualification-Certification Manager in\nMiami: American Welding Society, 2501 Northwest 7th Street, Miami, Florida 33125,\ntelephone (305) 642-7090.\nThe Reading Rack... Technical information relating to pipeline safety appears in the\nfollowing industry publications\n(Note--copies of these articles are not available from OPSO, and inclusion here does not\nnecessarily indicate that content is consistent with current Federal regulations):\nGAS INDUSTRIES, Natural Gas Edition, April 1976, \"The OPSO Odorization\nRequirements for Gas in Transmission Lines,\" Staff Report; May 1976, \"Reminder Issued\nby OPSO on Corrosion Control Deadlines,\" Cesar DeLeon, Office of Pipeline Safety\nOperations; \"Conclusions Announced in Study of Plastic Pipe Use,\" Jack W. Pierce,\nformerly with Toups Corp. GAS DIGEST, March 1976, \"Monitoring Cathodic Protection\nof Isolated Services,\" George Hendrick, Southern California Gas Co.; \"Intermountain Gas\nUpdates System Odorization Operations,\" Oscar Kash, Intermountain Gas Co.\nEXCAVATING CONTRACTOR, May 1976, \"Utility Alert Networks,\" Staff Report.\nPIPELINE AND UNDERGROUND UTILITIES CONSTRUCTION, April 1976, \"Miss\nDig Program Now Covers Upper Michigan,\" Staff Report.\nPIPELINE & GAS JOURNAL, May 1976,\"Put Corrosion Control in Your Design Plans,\n\"William McGary, Henkels & McCoy, Inc.\nPIPE LINE INDUSTRY, May 1976, \"Status of Automatic Welding for Onshore/Offshore\nLines, Part 1,\" Harry C. Cotton, The British Petroleum Co. Ltd.\nOIL & GAS JOURNAL, May 10, 1976, \"Improved Pipeline Coatings Emerge,\" J. R.\nHancock, H. C. Price Co.; \" Pipeline Plunges Into Deeper Water,\" Staff Report.\nRelates to 49 CFR, §192.3\nINTERPRETATION OF REGULATIONS\nQuestion: Under the Natural Gas Pipeline Safety Act of 1968, at what point in a propane\nair peak-shaving facility does jurisdiction begin?\nOPSO Interpretation:...\"In a propane air peak-shaving facility, liquid propane is vaporized\nand mixed with air to supplement natural gas supplies during peak shaving. All 'pipeline\nfacilities' are within the jurisdiction of the Act. 'Pipeline facilities' are defined in the Act to\ninclude 'without limitation . . . any equipment, facility, or building used in the\ntransportation of gas or the treatment of gas during the course of transportation' (49 USC\n1671(4)). Peak-shaving facilities are an interrelated and often essential part of a gas\ndal\\192.1-a\\11\\76-07-08\n2\n\n<<<PAGE 3>>>\n\ndistribution system and fall within the intended coverage of the term 'pipeline facilities.'\nConsequently, a propane air peak-shaving facility is in its entirety subject to the\njurisdiction of the Act.\"\nCesar DeLeon\nActing Director\nOffice of Pipeline\nSafety Operations\nThe Secretary of Transportation has determined that publication of this periodical is\nnecessary in the transaction of the public business required by law of this Department.\nUse of funds for printing this periodical has been approved by the Director of the Office of\nManagement and Budget through November 30, 1976.\ndal\\192.1-a\\11\\76-07-08\n3\n\n<<<PAGE 4>>>\n\nOctober 1, 1975\nMr. Bruce B. Ellsworth\nGas Safety Engineer\nState of New Hampshire\nPublic Utilities Commission\nConcord, New Hampshire 03301\nThe following responds to your letter of September 3, 1975, asking for our opinion on the scope\nof jurisdiction under the Natural Gas Pipeline Safety Act of 1968 over propane-air and LNG peak\nshaving facilities.\n1. At what point in a propane air peak-shaving facility does jurisdiction begin?\nIn a propane air peak-shaving facility liquid propane is vaporized and mixed with air to\nsupplement natural gas supplies during peak shaving. All \"pipeline facilities\" are within the\njurisdiction of the Act. \"Pipeline facilities\" are defined in the Act to include \"without\nlimitation...any equipment, facility, or building used in the transportation of gas or the treatment\nof gas during the course of transportation\" (49 USC 1671(4)). Peak-shaving facilities are an\ninterrelated and often essential part of a gas distribution system and fall within the intended\ncoverage of the term \"pipeline facilities.\" Consequently a propane air peak-shaving facility is in its\nentirety subject to the jurisdiction of the Act.\n2. At what point in an LNG peak-shaving facility does jurisdiction begin?\nExcept for the change in state, LNG is identical to natural gas and consequently is within\nthe definition of the term \"gas\" in the Act (49 USC 1671(2)). Pipeline facilities used in the\ntransportation of gas are subject to the jurisdiction of the Act. The \"transportation of gas\" is\ndefined in the Act as meaning \"the gathering, transmission or distribution of gas by pipeline or its\nstorage in or affecting interstate or foreign commerce\" (49 USC 1671(3) emphasis added). Thus,\nan LNG peak-shaving facility is within the intended coverage of the term \"pipeline facilities\"\nand therefore is in its entirety subject to the jurisdiction of\ndal\\192.1-a\\11\\76-07-08\n4\n\n<<<PAGE 5>>>\n\nthe Act. Additionally, it should be noted that the reasons discussed in answer to Question 1 are\nequally applicable to an LNG peak-shaving facility.\nWe trust this satisfactorily answers your inquiry.\nSincerely,\nCesar DeLeon\nActing Director\nOffice of Pipeline\nSafety Operations\ndal\\192.1-a\\11\\76-07-08\n5","truncated":false,"body_characters":5862}