{"operation":"document","citation":"PI-93-0100","title":"Northern Illinois Gas — Pipeline Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1993-01-15","effective_on":null,"summary":"PI-93-0100 response to Northern Illinois Gas concerning 192.611, 192.619.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-93-0100.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-93-0100.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-93-0100","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/Pipeline/1993/g93_01_15_Hendrickson_192.611_lmx.pdf","body":"<<<PAGE 1>>>\n\nPI-93-0100\nJanuary 15, 1993\nMr. Carl P. Hendrickson\nDirector Codes and Standards\nNorthern Illinois Gas\nP.O. Box 190\nAurora, IL 60507-0190\nDear Mr. Hendrickson:\nI apologize for taking so long to respond to your letter of September 21, 1992, in which you commented on a statement\nwe made in the withdrawal notice in Docket PS-115. The statement was that the grandfather exception (49 CFR\n192.619(c)) has practical effect only for pipelines in Class 1 locations because of the additional limits on maximum\nallowable operating pressure (MAOP) that §192.611 places on pipelines in more populated areas. You suggested the\nstatement should be corrected because it may mislead operators to believe the grandfather exception does not apply to\ncertain distribution system segments.\nWe recognize that the statement disregards application of the grandfather exception to high pressure distribution\nsystems. However, we do not believe this oversight needs correction because §192.619(c) is not a new rule for which\noperators may need proper instruction on compliance. It is widely used, longstanding provision that is clearly drafted to\ncover all pipeline segments, including distribution segments.\nAlso, §192.621 is the primary rule governing the MAOP of high pressure distribution systems; and the grandfather\nexception does not apply under §192.621. So, even if an operator incorrectly assumes the grandfather exception does\nnot apply to a particular distribution line segment, that assumption would not affect the operator's responsibility to\nmeet §192.621. To illustrate, you mentioned that for some pipeline segments insufficient records may exist to\nsubstantiate compliance with §192.621. In such case, the operator may not rest on the grandfather exception. Instead,\nthe operator must appropriately test or inspect the segments to establish the data needed to meet §192.621.\nWe appreciate your concern about correct application of the pipeline safety standards. Please let me know if we can\nprovide any further clarification.\nSincerely,\nCesar De Leon\nDirector, Regulatory Programs\nOffice of Pipeline Safety\n\n<<<PAGE 2>>>\n\nNorthern Illinois Gas\nP.O. Box 190\nAurora, Illinois 60507-0190\nSeptember 21, 1992\nU. S. Department of Transportation\nOffice of Pipeline Safety\n400 Seventh Street, SW\nWashington, DC 20590\nATTN: Mr. L. M. Furrow\nRE: Docket No. PS-115; Notice 2, re. Gas Pipelines Operating Above 72 Percent of SMYS\nThe notice of withdrawal of this proposed rulemaking, published at 57FR 41119 on September 9, 1992, was\nvery good news. Though Northern Illinois Gas (NI-Gas) is not directly effected since it does not operate any\npipeline above 72 percent of SMYS, it is vitally interested in effective rulemaking. This proposal, if adopted,\nwould have been representative of ineffective regulation.\nNevertheless, there is a serious concern with a statement made in the preamble to the withdrawal notice. The\nstatement is the parenthetical sentence at the end of the first paragraph in the \"Background\" section of\nSupplementary Information which states:\n\"(The grandfather exception has practical effect only for pipelines in Class 1 locations (essentially rural\nor offshore locations, as defined by Sect. 192.5) because of the additional limits on MAOP that Sect.\n192.611 places on pipelines in more populated locations [Classes 2 - 4].)\"\nThis statement is misleading and reinforces the concern many operators have regarding the scope of the\ngrandfather clause. There is widespread belief that the grandfather clause does not apply to:\n1. distribution system segments operating at less than 40 percent of SMYS but over 100 psig,\n2. distribution system segments operating at less than 100 psig for which insufficient records exist to\nsubstantiate compliance with 192.621, or\n3. plastic distribution system segments for which evidence of post-construction test is not available.\nWithout the grandfather clause of 192.619(a), to continue operation at current pressure, an operator would\nhave to utilize 192.621(a)(5) only by presuming the other criteria, 192.611(a)(1) through 192.621(a)(4) were\nnot \"applicable\" because they were unknown. If he were not willing to make this presumption, he would have\nto expose extensive amounts of pipe and components to determine compliance with 192.621(a)(1), (3) and (4)\nif data was not available to determine compliance. Another possible scenario, without the grandfather clause,\nwould allow \"assignment\" of MAOP well in excess of present operating pressure. This would permit increasing\nthe operating pressure without using the safeguards of Subpart K - Uprating.\nNI-Gas is aware that the preamble does not have the force of law. Regardless, it does influence operator's\ncompliance actions. In this case, it will influence operator's perception of applicability of the grandfather\nclause.\nIn view of the serious safety and economic consequences of these scenarios, RSPA is strongly urged to publish\na follow- up notice correcting this misleading statement.\nSincerely,\nCarl P. Hendrickson\nDirector Codes and Standards","truncated":false,"body_characters":5064}