National Academies Press: OpenBook

Safety Regulation for Small LPG Distribution Systems (2018)

Chapter: Appendix B: Interpretation Letters Regarding the Definition of Public Place

« Previous: Appendix A: Questionnaire to State Pipeline Safety Program Managers on the Regulation of Liquefied Petroleum Gas Distribution Systems
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Suggested Citation:"Appendix B: Interpretation Letters Regarding the Definition of Public Place." National Academies of Sciences, Engineering, and Medicine. 2018. Safety Regulation for Small LPG Distribution Systems. Washington, DC: The National Academies Press. doi: 10.17226/25245.
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Suggested Citation:"Appendix B: Interpretation Letters Regarding the Definition of Public Place." National Academies of Sciences, Engineering, and Medicine. 2018. Safety Regulation for Small LPG Distribution Systems. Washington, DC: The National Academies Press. doi: 10.17226/25245.
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Page 94
Page 95
Suggested Citation:"Appendix B: Interpretation Letters Regarding the Definition of Public Place." National Academies of Sciences, Engineering, and Medicine. 2018. Safety Regulation for Small LPG Distribution Systems. Washington, DC: The National Academies Press. doi: 10.17226/25245.
×
Page 95
Page 96
Suggested Citation:"Appendix B: Interpretation Letters Regarding the Definition of Public Place." National Academies of Sciences, Engineering, and Medicine. 2018. Safety Regulation for Small LPG Distribution Systems. Washington, DC: The National Academies Press. doi: 10.17226/25245.
×
Page 96
Page 97
Suggested Citation:"Appendix B: Interpretation Letters Regarding the Definition of Public Place." National Academies of Sciences, Engineering, and Medicine. 2018. Safety Regulation for Small LPG Distribution Systems. Washington, DC: The National Academies Press. doi: 10.17226/25245.
×
Page 97
Page 98
Suggested Citation:"Appendix B: Interpretation Letters Regarding the Definition of Public Place." National Academies of Sciences, Engineering, and Medicine. 2018. Safety Regulation for Small LPG Distribution Systems. Washington, DC: The National Academies Press. doi: 10.17226/25245.
×
Page 98
Page 99
Suggested Citation:"Appendix B: Interpretation Letters Regarding the Definition of Public Place." National Academies of Sciences, Engineering, and Medicine. 2018. Safety Regulation for Small LPG Distribution Systems. Washington, DC: The National Academies Press. doi: 10.17226/25245.
×
Page 99
Page 100
Suggested Citation:"Appendix B: Interpretation Letters Regarding the Definition of Public Place." National Academies of Sciences, Engineering, and Medicine. 2018. Safety Regulation for Small LPG Distribution Systems. Washington, DC: The National Academies Press. doi: 10.17226/25245.
×
Page 100

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93 APPENDIX B Interpretation Letters Regarding the Definition of “Public Place” Pipeline and Hazardous Materials Safety Administration

94 SAFETY REGULATION FOR SMALL LPG DISTRIBUTION SYSTEMS DB C:\WP51\INTERPRT\192\11\90-09-06 1 Marty Burke Burke Energy Corporation 1124 North Main Hutchinson, Kansas 67501 Dear Mr. Burke: I have asked the Department of Transportation for an interpretation of a "public place" as the term is used in Section 192.11(a). A copy is enclosed. With this interpretation, it still places you as a gas operator. Sincerely,

APPENDIX B 95 DB C:\WP51\INTERPRT\192\11\90-09-06 2 Mr. Lavern Rinehart Chief,Deputy Fire Marshal Pipeline Safety Division 246 South 14th Street Lincoln, NE 68508 Dear Mr. Rinehart: This responds to your letter of July 28, 1990, in which you ask for an interpretation of a "public place" as that term is used in Section 192.11(a). Your letter indicates that your question pertains to a trailer court which is served by a propane gas system with steel mains and services. The main runs from a tank farm across a road and down the middle of another road within the court. The people own the mobile homes and lease the ground from a party who has leased the ground from the Nebraska Public Power District, a public corporation. The lessee permits access to the general public to the lakeside improvement and case on the leased premises. The road on one side of the court has a gas main running underground and is traveled by people coming to and from the lake area. Also, the road is used a federal mail route. In a telephone conversation with a member of my staff, you indicated that the propane system serves seven trailers. The term"public place" in Section 192.11(a) means a place which is generally open to all persons in a community as opposed to being restricted to specific persons. We consider churches, schools, and commercial building as well as any highway, road or property which is frequented by all persons to be public places under Section 192.11(a). From your description of the trailer court, it appears that the road where people travel to and from the lake area is a "public place" as set forth in Section 192.11(a) and therefore the entire propane gas system is subject to Part 192. I trust this has adequately answered your questions. Sincerely, George W. Tenley, Jr. Director Office of Pipeline Safety

96 SAFETY REGULATION FOR SMALL LPG DISTRIBUTION SYSTEMS

APPENDIX B 97

98 SAFETY REGULATION FOR SMALL LPG DISTRIBUTION SYSTEMS 7-25-17 U.S. DOT PHMSA Office of Hazardous Materials, phmsa.hm-infocenter@dot.gov Attn: PHH-10 East Building 1200 New Jersey Avenue, SE. Washington, DC 20590-0001 The following shall serve as a request for an interpretation and further clarification of 49 CFR 192.1, specifically 49 CFR 192.1 (b)(5)(i) and the reference to the term “public place” and whether the exclusion applies to the small liquefied petroleum gas systems our company, Automatic Propane Gas and Supply, operates. Also, if the exclusion applies to our systems does this absolve us from the requirements listed in 49 CFR 192.1015 for an integrity management plan even though the section states they are required for small lpg operators (an operator of a liquefied petroleum gas (LPG) distribution pipeline that serves fewer than 100 customers from a single source)? The liquefied petroleum gas (propane) systems our company operates are only used to provide liquefied petroleum gas to residential homes located in small neighborhoods / subdivisions. The systems meet the requirement in 49 CFR 192.1 (b)(5)(i) for fewer than 10 customers, in most cases only 6 or 7 homes. The LPG piping runs from a 1000 gallon or sometimes two 1000 gallon LPG tanks located in the front yard (both at the same location) of one residential property and transports LPG vapor across residential property within the neighborhood from one home to another. At no point does the piping cross under a road within the neighborhood. The question on our end is whether this would not be considered a “public place” and satisy the rest of the exclusion listed in 49 CFR 192.1 (b)(5)(i)? The term public place as taken from a PHMSA manual used to identify and clarify regulations which apply to jurisdictional LP gas operators defines public place as “a place which is generally open to all persons in a community as opposed to being restricted to specific persons. Churches, schools, and commercial buildings as well as any publicly owned rights-of-way or property which if frequented by persons are public places)”. It is our understanding that one’s residential home / property is considered private being restricted to specific persons thus meeting the definition of not being considered a public place. This would satisfy the complete exclusion for all requirements provided in 49 CFR 192.1 as well as absolve the need for an integrity management plan found in 49 CFR 192.1015? It is not Automatic Propane Gas and Supply’s intent to dodge or avoid regulatory compliance, but to ensure our company follows and correctly interprets the regulations provided by PHMSA to ensure the safety of the public. It is our interpretation that “public place” was listed within the regulation to omit small systems in locations such as these. Your assistance and guidance on this matter will be greatly appreciated. David Dupuy - Safety Director Automatic Propane Gas and Supply 1677 S US Hwy. 69, Mineola, TX. 75773 Phone: 504-220-1166, Email: dave.dupuy@raymondmartin.com

APPENDIX B 99

100 SAFETY REGULATION FOR SMALL LPG DISTRIBUTION SYSTEMS

Next: Appendix C: NFPA 58, Liquefied Petroleum Gas Code, Adoption in the United States »
Safety Regulation for Small LPG Distribution Systems Get This Book
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The final version of TRB Special Report 327: Safety Regulation for Small LPG Distribution Systems is now available. The report examines the regulatory framework for gas pipeline systems that transport propane and other types of liquefied petroleum gas (LPG) for service to 100 or fewer customers. Most of the more than 12 million households and businesses that use LPG are on single-customer systems but a small number—between 3,800 and 5,800—are served by multi-user systems. These systems are potentially subject to federal safety regulations administered by the U.S. Department of Transportation’s Pipeline and Hazardous Materials Safety Administration (PHMSA).

In response to a congressional request under the direction of PHMSA, the report reviews the safety regulatory framework that applies to small multi-user LPG pipeline systems, reviews what is known about their safety performance, and provides recommendations on ways to make their regulatory requirements more risk-based. The committee recommends that PHMSA develop more effective means of identifying small, multi-user LPG systems and to ensure they are inspected and their risks are better understood. The report recommends actions intended to allow more uniform interpretations of regulatory terms, the collection of condition and safety information on small LPG systems, and state regulators to seek permission from PHMSA to allow some small systems to opt out of certain federal regulatory requirements that are not applicable to their risks.

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