{"operation":"document","citation":"PI-80-014","title":"Memo: Internal — Pipeline Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1980-09-08","effective_on":null,"summary":"PI-80-014 response to Memo: Internal concerning 192.1.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-80-014.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-80-014.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-80-014","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/Pipeline/1980/PI80014.pdf","body":"<<<PAGE 1>>>\n\nNO. 80-12\nDATE: September 8, 1980\nDEPARTMENT OF TRANSPORTATION\nRESEARCH AND SPECIAL PROGRAMS ADMINISTRATION\nMATERIALS TRANSPORTATION BUREAU\n_________________________________________________________________\nPIPELINE SAFETY REGULATORY INTERPRETATION\n_________________________________________________________________\nNOTE: A pipeline safety regulatory interpretation applies a particular rule to\na particular set of facts and circumstances, and, as such, may be relied\nupon only by those persons to whom the interpretation is specifically\naddressed.\nSECTION: 192.1, 192.3\nSUBJECT: Proposed Hydrogen Pipeline -\nBeaumont to Sabine, Texas\nFACTS: A pipeline transports gas 19 miles between plant where the gas is produced\nand a second plant where the gas is consumed. The owner of the pipeline\nalso owns the producing and consuming plants, so that the same person\nproduces, transports and consumes the gas.\nQUESTION: Is the pipeline subject to Part 182?\nINTERPRETATION: Part 192 applies, as stated in §192.1, to the \"transportation of gas,\" which\nis defined in §192.3 to mean the gathering, transmission, or distribution of gas in or affecting\ninterstate or foreign commerce. Under the definitions in §192.3 of \"gathering line\" and \"service\nline\" (which is a \"distribution line\"), the transportation of gas that is subject to Part 192 begins at\nthe outlet of a production facility and runs to the point where ownership of the gas passes to the\nconsumer, or where has been sold and delivered to the consumer. Under the facts, the consumer,\ntransporter, and produced are the same person, so, in effect, the consumer owns the gas as soon\nas it is produced, or as soon as it enters the consumer-owner pipeline. In this situation, there is no\ntransportation of gas between producer and consumer that is subject to the jurisdiction of Part\n192.\nMelvin A. Judah\nActing Associate Director for\nDB\nC:\\WP51\\INTERPRT\\192\\1\\80-09-08\n1\n\n<<<PAGE 2>>>\n\nPipeline Safety Regulation\nMaterials Transportation Bureau\nTranslation of May 3, 1989 Route Slip\nQuestion (Fulton to DeLeon)\nIn view of same of the recent opinions we have had on consumer owned transmission lines, is this\ninterpretation still valid for gas? For Hazardous liquid?\nAnswer\nComment - DeLeon to Furrow\nI do not agree with interpretation No 801-12 because this concludes that the transportation of gas\nis predicated on who owns the gas. Gas can be transported regardless of ownership. If LPG is\ntransported and it is in a public place, even, if the owner, consumer & producer are the same\nperson, it is in transportation.\nComment - Furrow to DeLeon\nthis interpretation assumes the line is a service line from the outlet of production. Since it's\nconsumer owned, it's not subject to Part 192. If other facts show line is transmission (difficult to\nshow) then it would be subject to Part 192. In my view Part 195 does not exclude any consumer\nowned piping.\nComment - DeLeon to Fulton\nI believe this interpretation is not currently valid for gas or liquid.\nDB\nC:\\WP51\\INTERPRT\\192\\1\\80-09-08\n2\n\n<<<PAGE 3>>>\n\nMr. Raymond M. Ripple\nE.I. Du Pont De Nemours & Company\nWilmington, Delaware 19898\nDear Mr. Ripple:\nThis refers to your recent letter to L. M. Furrow asking whether the requirements of 49 CFR Part\n192 would apply to a hydrogen gas pipeline owned and operated by Du Pont. The pipeline begins\nar a Du Pont plant in Beaumont, Texas, where the gas is produced, and extends some nineteen\nmiles to a second Du Pont plant in Sabine, Texas, where the gas is consumed.\nWe have issued the enclosed pipeline safety interpretation in response to your inquiry which\nprovides that the pipeline in question would not be subject to Part 192.\nSincerely,\nMelvin A. Judah\nActing Associate Director for\nPipeline Safety Regulation\nMaterials Transportation Bureau\nEnclosure\nDB\nC:\\WP51\\INTERPRT\\192\\1\\80-09-08\n3","truncated":false,"body_characters":3849}