Definitions

In addition to the definitions given in 49 CFR Parts 40, 191, 192, 193, 195, and 199, the following words and terms, when used in this chapter, shall have the following meanings, unless the context clearly indicates otherwise.#

(1)Affected person--This definition of this term applies only to the procedures and requirements of §8.125 of this title (relating to Waiver Procedure). The term includes but is not limited to:#

(A)persons owning or occupying real property within 500 feet of any property line of the site for the facility or operation for which the waiver is sought;#

(B)the city council, as represented by the city attorney, the city secretary, the city manager, or the mayor, if the property that is the site of the facility or operation for which the waiver is sought is located wholly or partly within any incorporated municipal boundaries, including the extraterritorial jurisdiction of any incorporated municipality. If the site of the facility or operation for which the waiver is sought is located within more than one incorporated municipality, then the city council of every incorporated municipality within which the site is located is an affected person;#

(C)the county commission, as represented by the county clerk, if the property that is the site of the facility or operation for which the waiver is sought is located wholly or partly outside the boundary of any incorporated municipality. If the site of the facility or operation for which the waiver is sought is located within more than one county, then the county commission of every county within which the site is located is an affected person;#

(D)any other person who would be impacted by the waiver sought.#

(2)Applicant--A person who has filed with the Oversight and Safety Division, Pipeline Safety Department, a complete application for a waiver to a pipeline safety rule or regulation, or a request to use other technology or assessment methodology not specifically listed in §8.101(b)(1) of this title (relating to Pipeline Integrity Assessment and Management Plans for Natural Gas and Hazardous Liquids Pipelines).#

(3)Application for waiver--The written request, including all reasons and all appropriate documentation, for the waiver of a particular rule or regulation with respect to a specific facility or operation.#

(4)Charter school--An elementary or secondary school operated by an entity created pursuant to Texas Education Code, Chapter 12.#

(5)Commission--The Railroad Commission of Texas.#

(6)Direct assessment--A structured process that identifies locations where a pipeline may be physically examined to provide assessment of pipeline integrity. The process includes collection, analysis, assessment, and integration of data, including but not limited to the items listed in §8.101(b)(1) of this title. The physical examination may include coating examination and other applicable non- destructive evaluation.#

(7)Director--The director of the Oversight and Safety Division or the director's delegate.#

(8)Division--The Oversight and Safety Division of the Commission.#

(9)Farm tap odorizer--A wick-type odorizer serving a consumer or consumers off any pipeline other than that classified as distribution as defined in 49 CFR 192.3 which uses not more than 10 mcf on an average day in any month.#

(10)Gas--Natural gas, flammable gas, or other gas which is toxic or corrosive.#

(11)Gas company--Any person who owns or operates pipeline facilities used for the transportation or distribution of gas, including master metered systems.#

(12)Hazardous liquid--Petroleum, petroleum products, anhydrous ammonia, or any substance or material which is in liquid state, excluding liquefied natural gas (LNG), when transported by pipeline facilities and which has been determined by the United States Secretary of Transportation to pose an unreasonable risk to life or property when transported by pipeline facilities.#

(13)In-line inspection--An internal inspection by a tool capable of detecting anomalies in pipeline walls such as corrosion, metal loss, or deformation.#

(14)Intrastate pipeline facilities--Pipeline facilities located within the State of Texas which are not used for the transportation of natural gas or hazardous liquids or carbon dioxide in interstate or foreign commerce.#

(15)Lease user--A consumer who receives free gas in a contractual agreement with a pipeline operator or producer.#

(16)Liquids company--Any person who owns or operates a pipeline or pipelines and/or pipeline facilities used for the transportation or distribution of any hazardous liquid, or carbon dioxide, or anhydrous ammonia.#

(17)Master meter operator--The owner, operator, or manager of a master metered system.#

(18)Master metered system--A pipeline system (other than one designated as a local distribution system) for distributing gas within but not limited to a definable area, such as a mobile home park, housing project, or apartment complex, where the operator purchases metered gas from an outside source for resale through a gas distribution pipeline system. The gas distribution pipeline system supplies the ultimate consumer who either purchases the gas directly through a meter or by other means such as rents.#

(19)Natural gas or other gas supplier--The entity selling and delivering gas to a school facility or a master metered system. If more than one entity sells and delivers gas to a school facility or master metered system, each entity is a gas supplier for purposes of this chapter.#

(20)Operator--A person who operates on his or her own behalf, or as an agent designated by the owner, intrastate pipeline facilities.#

(21)Person--Any individual, firm, joint venture, partnership, corporation, association, cooperative association, joint stock association, trust, or any other business entity, including any trustee, receiver, assignee, or personal representative thereof, a state agency or institution, a county, a municipality, or school district or any other governmental subdivision of this state.#

(22)Person responsible for a school facility--In the case of a public school, the superintendent of the school district as defined in Texas Education Code, §11.201, or the superintendent's designee previously specified in writing to the gas supplier. In the case of charter and private schools, the principal of the school or the principal's designee previously specified in writing to the gas supplier.#

(23)Pipeline facilities--New and existing pipe, right-of- way, and any equipment, facility, or building used or intended for use in the transportation of gas or hazardous liquid or their treatment during the course of transportation.#

(24)Pressure test--Those techniques and methodologies prescribed for leak-test and strength-test requirements for pipelines. For natural gas pipelines, including LPG distribution systems and master metered systems, the requirements are found in 49 Code of Federal Regulations#

(CFR)Part 192, and specifically include 49 CFR 192.505, 192.507, 192.515, and 192.517. For hazardous liquids pipelines, the requirements are found in 49 CFR Part 195, and specifically include 49 CFR 195.305, 195.306, 195.308, and 195.310.#

(25)Private school--A school that:#

(A)offers a course of instruction for students in one or more grades from kindergarten through grade 12;#

(B)is not operated by a governmental entity; and#

(C)is not a home school.#

(26)Public school--An elementary or secondary school operated by an entity created in accordance with the laws of the State of Texas and accredited by the Texas Education Agency pursuant to Texas Education Code, Chapter 39, Subchapter D. The term does not include programs and facilities under the jurisdiction of the Texas Juvenile Justice Department, the Texas Health and Human Services Commission, the Texas Department of Criminal Justice or any probation agency, the Texas School for the Blind and Visually Impaired, the Texas School for the Deaf and Regional Day Schools for the Deaf, the Texas Academy of Mathematics & Science, the Texas Academy of Leadership in the Humanities, and home schools or proprietary schools as defined in Texas Education Code, §132.001.#

(27)School facility--All piping, buildings and structures operated by a public, charter, or private school that are downstream of a meter measuring gas service in which students receive instruction or participate in school sponsored extracurricular activities, excluding maintenance or bus facilities, administrative offices, and similar facilities not regularly utilized by students.#

(28)Transportation of gas--The gathering, transmission, or distribution of gas by pipeline or its storage within the State of Texas. For purposes of safety regulation, the term shall include onshore pipeline and production facilities, beginning after the first point of measurement and ending as defined by 49 CFR Part 192 as the beginning of an onshore gathering line.#

(29)Transportation of hazardous liquids or carbon dioxide--The movement of hazardous liquids or carbon dioxide by pipeline, or their storage incidental to movement, except that, for purposes of safety regulations, it does not include any such movement through gathering lines in rural locations or production, refining, or manufacturing facilities or storage or in-plant piping systems associated with any of those facilities.#

Source Note: The provisions of this §8.5 adopted to be effective November 24, 2004, 29 TexReg 10733; amended to be effective February 4, 2009, 34 TexReg 582; amended to be effective August 30, 2010, 35 TexReg 7743; amended to be effective January 6, 2020, 45 TexReg 121#