{"operation":"document","citation":"PI-76-038","title":"Jackson, LA — Pipeline Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1976-07-16","effective_on":null,"summary":"PI-76-038 response to Jackson, LA concerning 192.457.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-76-038.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-76-038.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-76-038","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/Pipeline/1976/PI76038.pdf","body":"<<<PAGE 1>>>\n\nJuly 16, 1976\nHonorable James M. Norsworthy, Jr.\nMayor, Town of Jackson\nJackson, Louisiana 70748\nDear Mr. Mayor:\nThis refers to your request for a waiver from the requirements of 49 CFR 192.457(b) on behalf of\nthe Town of Jackson, Louisiana, by letter dated June 23, 1976, which we have docketed as Pet.\n76-10.\nWe have reviewed the information submitted and find for the following reasons that a waiver is\nnot justified. Accordingly, the request is denied.\nThe main reason for the waiver appears to be the impending August 1, 1976, deadline and the\nconsequent lack of time to complete an electrical survey and orderly plan of compliance. Without\na showing of extreme circumstances, this reason cannot serve as the basis for a waiver because\nthe deadline was established on June 21, 1971, to allow all operators at least 5 years to make the\nnecessary arrangements for compliance. Also, we do not believe that the absence of underground\nfacilities where gas might accumulate and the insulation of houses from the gas system are\nsufficient reasons for a waiver. There are many opportunities for fire or explosion due to a\nleaking gas system which would not be affected by those factors.\nWe note that the Town may choose to completely replace its gas system as an alternative to\ncathodically protecting the existing one. This course of action may provide sufficient grounds for\na waiver from Section 192.457(b) if there is assurance that replacement is economically\npracticable for the Town and would begin and be completed within a reasonable period of time.\nThe enclosed statement of interpretations and enforcement policy may be helpful to you in\nreviewing your need for a waiver.\nSincerely,\nCesar DeLeon\nActing Director\nOffice of Pipeline\nSafety Operations\ndal\\192\\457\\76-07-16\n1\n\n<<<PAGE 2>>>\n\nEnclosure\nTOWN OF JACKSON\nJune 23, 1976\nDirector\nOffice of Pipeline Safety Operations\n400-7th Street, S.W.\nWashington, D.C. 20590\nRe: Request for waiver of compliance deadline regulations, Section 192.457(b),\nNatural Gas Pipeline Safety Act of 1968; Town of Jackson, Louisiana\nDear Sir:\nI am writing to you as Mayor of the Town of Jackson at the request of the Board of Trustees, the\nofficial governing body of the town, regarding the above captioned matter. My purpose in writing\nis to request a waiver of the August 1, 1976 deadline set out in Subsection B of Section 192.457\nFederal Regulations issued under the authority of the Natural Gas Pipeline Safety Act of 1968. I\nunderstand that the cited regulation requires full cathodic protection of all gas pipelines within the\nTown of Jackson to be completed not later than August 1, 1976. Waiver is requested on the\nfollowing basis:\n1. 2. Inappropriateness of regulation. The cited regulation requires compliance\ntherewith not later than August 1, 1976. Compliance with the regulation within\nsuch a period of time would be a near, if not actual, impossibility. The town has\nexperienced great difficulty in employing the services of a firm both qualified and\nwilling to institute and complete a cathodic survey. The town is currently\nnegotiating with two firms in an attempt to obtain such a survey, but to date, the\ntown has no accurate indication of when such a survey, a prerequisite to cathodic\nprotection could be instituted or completed. Additionally, the town has obtained\nengineering advice suggesting the possibility of following any of several divergent\ncourses of action in eventually attaining compliance. One suggestion has been\nmade that the cost of cathodic protection of the present system could be so\nprohibitive as to necessitate complete replacement of the town's gas system as a\nless expensive alternative.\nPublic benefits. The public would be served by having cathodic protection\nprovided in an orderly manner after a thorough investigation of the various\ndal\\192\\457\\76-07-16\n2\n\n<<<PAGE 3>>>\n\n3. alternatives and cost factors involved. Any attempt at compliance within the\ndeadlines set out in the regulations would have to be achieved in violation of\nLouisiana's public bid laws, which are designed to keep public expenditures at a\nminimum. In addition to risking the possibility of being forced to accept\nsomething other than the most economical contract price for cathodic protection,\nthe town would also face the possibility of having to make a hasty decision which\nmight ultimately not turn out to be the best, considering all factors.\nAssuring gas pipeline safety. There exist very few instances in the Town of\nJackson in which large accumulations of gas would occur as a result of gas\nleakage. Although the town does have an underground sewer system there are no\nunderground tunnels, subways, or other underground facilities of a similar type in\nwhich the dangers of gas leakage accumulations would be most prevalent. In\naddition, the town has already completed the process of insulation of all residences\nin the town which are served by its gas system, from the gas system itself.\nThe Town of Jackson is the owner and operator of the described gas system. Your attention to\nthis request would be greatly appreciated. Please inform this office through me should you need\nadditional information regarding this matter.\nYours very truly,\nJames M. Norsworthy, Jr.\nMayor, Town of Jackson\ndal\\192\\457\\76-07-16\n3","truncated":false,"body_characters":5294}