1、28 49 CFR Ch. I (10110 Edition) Pt. 191 (i) The holder may file a written re-sponse that shows cause why the pro-posed action should not be taken with-in 30 days of receipt of notice of the proposed action. (ii) After considering the holders written response, or after 30 days have passed without res
2、ponse since receipt of the notice, PHMSA will notify the holder in writing of the final decision with a brief statement of reasons. (3) If necessary to avoid a risk of sig-nificant harm to persons, property, or the environment, PHMSA may in the notification declare the proposed ac-tion immediately e
3、ffective. (4) Unless otherwise specified, the terms and conditions of a corrective action order, compliance order, or other order applicable to a pipeline fa-cility covered by a special permit will take precedence over the terms of the special permit. (5) A special permit holder may seek reconsidera
4、tion of a decision under paragraph (h) of this section as pro-vided in paragraph (i) of this section. (i) Can a denial of a request for a spe-cial permit or a revocation of an exist-ing special permit be appealed? Recon-sideration of the denial of an applica-tion for a special permit or a revoca-tio
5、n of an existing special permit may be sought by petition to the Associate Administrator. Petitions for reconsid-eration must be received by PHMSA within 20 calendar days of the notice of the grant or denial and must contain a brief statement of the issue and an ex-planation of why the petitioner be
6、-lieves that the decision being appealed is not in the public interest. The Asso-ciate Administrator may grant or deny, in whole or in part, any petition for reconsideration without further proceedings. The Associate Adminis-trators decision is the final adminis-trative action. (j) Are documents rel
7、ated to an appli-cation for a special permit available for public inspection? Documents re-lated to an application, including the application itself, are available for public inspection on regulations.gov or the Docket Operations Facility to the extent such documents do not include information exemp
8、t from public disclo-sure under 5 U.S.C. 552(b). Applicants may request confidential treatment under part 7 of this title. 73 FR 16568, Mar. 28, 2008, as amended at 74 FR 2893, Jan. 16, 2009 PART 191TRANSPORTATION OF NATURAL AND OTHER GAS BY PIPELINE; ANNUAL REPORTS, IN-CIDENT REPORTS, AND SAFETY- R
9、ELATED CONDITION REPORTS Sec. 191.1 Scope. 191.3 Definitions. 191.5 Telephonic notice of certain incidents. 191.7 Addressee for written reports. 191.9 Distribution system: Incident report. 191.11 Distribution system: Annual report. 191.13 Distribution systems reporting trans-mission pipelines; trans
10、mission or gath-ering systems reporting distribution pipelines. 191.15 Transmission and gathering systems: Incident report. 191.17 Transmission and gathering systems: Annual report. 191.19 Report forms. 191.21 OMB control number assigned to in-formation collection. 191.23 Reporting safety-related co
11、nditions. 191.25 Filing safety-related condition re-ports. 191.27 Filing offshore pipeline condition re-ports. AUTHORITY: 49 U.S.C. 5121, 60102, 60103, 60104, 60108, 60117, 60118, and 60124; and 49 CFR 1.53. 191.1 Scope. (a) This part prescribes requirements for the reporting of incidents, safety- r
12、elated conditions, and annual pipeline summary data by operators of gas pipe-line facilities located in the United States or Puerto Rico, including pipe-lines within the limits of the Outer Continental Shelf as that term is de-fined in the Outer Continental Shelf Lands Act (43 U.S.C. 1331). (b) This
13、 part does not apply to (1) Offshore gathering of gas in State waters upstream from the outlet flange of each facility where hydrocarbons are produced or where produced hydro-carbons are first separated, dehy-drated, or otherwise processed, which-ever facility is farther downstream; (2) Pipelines on
14、 the Outer Conti-nental Shelf (OCS) that are producer- operated and cross into State waters VerDate Mar2010 11:22 Dec 13, 2010 Jkt 220214 PO 00000 Frm 00038 Fmt 8010 Sfmt 8010 Y:SGML220214.XXX 220214wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitte
15、d without license from IHS-,-,-29 Pipeline and Hazardous Materials Safety Administration, DOT 191.3 without first connecting to a trans-porting operators facility on the OCS, upstream (generally seaward) of the last valve on the last production facil-ity on the OCS. Safety equipment pro-tecting PHMS
16、A-regulated pipeline seg-ments is not excluded. Producing oper-ators for those pipeline segments up-stream of the last valve of the last pro-duction facility on the OCS may peti-tion the Administrator, or designee, for approval to operate under PHMSA reg-ulations governing pipeline design, construct
17、ion, operation, and mainte-nance under 49 CFR 190.9. (3) Pipelines on the Outer Conti-nental Shelf upstream of the point at which operating responsibility trans-fers from a producing operator to a transporting operator; or (4) Onshore gathering of gas outside of the following areas: (i) An area with
18、in the limits of any incorporated or unincorporated city, town, or village. (ii) Any designated residential or commercial area such as a subdivision, business or shopping center, or commu-nity development. Amdt. 1915, 49 FR 18960, May 3, 1984, as amended by Amdt. 1916, 53 FR 24949, July 1, 1988; Amd
19、t. 19111, 61 FR 27793, June 3, 1996; Amdt. 19112, 62 FR 61695, Nov. 19, 1997; Amdt. 19115, 68 FR 46111, Aug. 5, 2003; 70 FR 11139, Mar. 8, 2005 191.3 Definitions. As used in this part and the PHMSA Forms referenced in this part Administrator means the Adminis-trator, Pipeline and Hazardous Mate-rial
20、s Safety Administration or his or her delegate Gas means natural gas, flammable gas, or gas which is toxic or corrosive; Incident means any of the following events: (1) An event that involves a release of gas from a pipeline or of liquefied nat-ural gas or gas from an LNG facility and (i) A death, o
21、r personal injury neces-sitating in-patient hospitalization; or (ii) Estimated property damage, in-cluding cost of gas lost, of the operator or others, or both, of $50,000 or more. (2) An event that results in an emer-gency shutdown of an LNG facility. (3) An event that is significant, in the judgem
22、ent of the operator, even though it did not meet the criteria of paragraphs (1) or (2). LNG facility means a liquefied natural gas facility as defined in 193.2007 of part 193 of this chapter; Master Meter System means a pipeline system for distributing gas within, but not limited to, a definable are
23、a, such as a mobile home park, housing project, or apartment complex, where the oper-ator 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 pur-chases the gas directly thr
24、ough a meter or by other means, such as by rents; Municipality means a city, county, or any other political subdivision of a State; Offshore means beyond the line of or-dinary low water along that portion of the coast of the United States that is in direct contact with the open seas and beyond the l
25、ine marking the sea-ward limit of inland waters; Operator means a person who engages in the transportation of gas; Outer Continental Shelf means all sub-merged lands lying seaward and out-side the area of lands beneath navi-gable waters as defined in Section 2 of the Submerged Lands Act (43 U.S.C. 1
26、301) and of which the subsoil and sea-bed appertain to the United States and are subject to its jurisdiction and con-trol. Person means any individual, firm, joint venture, partnership, corporation, association, State, municipality, coop-erative association, or joint stock asso-ciation, and includes
27、 any trustee, re-ceiver, assignee, or personal represent-ative thereof; Pipeline or Pipeline System means all parts of those physical facilities through which gas moves in transpor-tation, including, but not limited to, pipe, valves, and other appurtenance attached to pipe, compressor units, me-teri
28、ng stations, regulator stations, de-livery stations, holders, and fabricated assemblies. State includes each of the several States, the District of Columbia, and the Commonwealth of Puerto Rico; VerDate Mar2010 11:22 Dec 13, 2010 Jkt 220214 PO 00000 Frm 00039 Fmt 8010 Sfmt 8010 Y:SGML220214.XXX 2202
29、14wwoods2 on DSK1DXX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-30 49 CFR Ch. I (10110 Edition) 191.5 Transportation of gas means the gath-ering, transmission, or distribution of gas by pipeline, or the storage of gas in or affect
30、ing interstate or foreign com-merce. 35 FR 320, Jan. 8, 1970, as amended by Amdt. 1915, 49 FR 18960, May 3, 1984; Amdt. 19110, 61 FR 18516, Apr. 26, 1996; Amdt. 19112, 62 FR 61695, Nov. 19, 1997; 68 FR 11749, Mar. 12, 2003; 70 FR 11139, Mar. 8, 2005 191.5 Telephonic notice of certain in-cidents. (a)
31、 At the earliest practicable mo-ment following discovery, each oper-ator shall give notice in accordance with paragraph (b) of this section of each incident as defined in 191.3. (b) Each notice required by para-graph (a) of this section shall be made by telephone to 8004248802 (in Wash-ington, DC, 2
32、672675) and shall include the following information. (1) Names of operator and person making report and their telephone numbers. (2) The location of the incident. (3) The time of the incident. (4) The number of fatalities and per-sonal injuries, if any. (5) All other significant facts that are known
33、 by the operator that are rel-evant to the cause of the incident or extent of the damages. Amdt. 1914, 47 FR 32720, July 29, 1982, as amended by Amdt. 1915, 49 FR 18960, May 3, 1984; Amdt. 1918, 54 FR 40878, Oct. 4, 1989 191.7 Addressee for written reports. Each written report required by this part
34、must be made to Office of Pipeline Safety, Pipeline and Hazardous Mate-rials Safety Administration, U.S. De-partment of Transportation, the Infor-mation Resources Manager, PHP10, 1200 New Jersey Avenue, SE., Wash-ington, DC 20590-0001. However, inci-dent and annual reports for intrastate pipeline tr
35、ansportation subject to the jurisdiction of a State agency pursuant to a certification under section 5(a) of the Natural Gas Pipeline Safety Act of 1968 may be submitted in duplicate to that State agency if the regulations of that agency require submission of these reports and provide for further tr
36、ansmittal of one copy within 10 days of receipt for incident reports and not later than March 15 for annual reports to the Information Resources Manager. Safety-related condition reports re-quired by 191.23 for intrastate pipeline transportation must be submitted con-currently to that State agency,
37、and if that agency acts as an agent of the Secretary with respect to interstate transmission facilities, safety-related condition reports for these facilities must be submitted concurrently to that agency. Amdt. 1916, 53 FR 24949, July 1, 1988, as amended by Amdt. 19116, 69 FR 32892, June 14, 2004;
38、70 FR 11139, Mar. 8, 2005; 73 FR 16570, Mar. 28, 2008; 74 FR 2894, Jan. 16, 2009 191.9 Distribution system: Incident report. (a) Except as provided in paragraph (c) of this section, each operator of a distribution pipeline system shall sub-mit Department of Transportation Form RSPA F 7100.1 as soon
39、as prac-ticable but not more than 30 days after detection of an incident required to be reported under 191.5. (b) When additional relevant infor-mation is obtained after the report is submitted under paragraph (a) of this section, the operator shall make sup-plementary reports as deemed nec-essary w
40、ith a clear reference by date and subject to the original report. (c) The incident report required by this section need not be submitted with respect to master meter systems or LNG facilities. Amdt. 1915, 49 FR 18960, May 3, 1984 191.11 Distribution system: Annual report. (a) Except as provided in p
41、aragraph (b) of this section, each operator of a distribution pipeline system shall sub-mit an annual report for that system on Department of Transportation Form RSPA F 7100.11. This report must be submitted each year, not later than March 15, for the preceding calendar year. (b) The annual report r
42、equired by this section need not be submitted with respect to: (1) Petroleum gas systems which serve fewer than 100 customers from a single source; (2) Master meter systems; or VerDate Mar2010 11:22 Dec 13, 2010 Jkt 220214 PO 00000 Frm 00040 Fmt 8010 Sfmt 8010 Y:SGML220214.XXX 220214wwoods2 on DSK1D
43、XX6B1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-31 Pipeline and Hazardous Materials Safety Administration, DOT 191.23 (3) LNG facilities. Amdt. 1915, 49 FR 18960, May 3, 1984 191.13 Distribution systems reporting transmission pipeli
44、nes; trans-mission or gathering systems re-porting distribution pipelines. Each operator, primarily engaged in gas distribution, who also operates gas transmission or gathering pipelines shall submit separate reports for these pipelines as required by 191.15 and 191.17. Each operator, primarily en-g
45、aged in gas transmission or gathering, who also operates gas distribution pipelines shall submit separate reports for these pipelines as required by 191.9 and 191.11. Amdt. 1915, 49 FR 18961, May 3, 1984 191.15 Transmission and gathering systems: Incident report. (a) Except as provided in paragraph
46、(c) of this section, each operator of a transmission or a gathering pipeline system shall submit Department of Transportation Form RSPA F 7100.2 as soon as practicable but not more than 30 days after detection of an incident required to be reported under 191.5. (b) Where additional related informa-t
47、ion is obtained after a report is sub-mitted under paragraph (a) of this sec-tion, the operator shall make a supple-mental report as soon as practicable with a clear reference by date and sub-ject to the original report. (c) The incident report required by paragraph (a) of this section need not be s
48、ubmitted with respect to LNG fa-cilities. 35 FR 320, Jan. 8, 1970, as amended by Amdt. 1915, 49 FR 18961, May 3, 1984 191.17 Transmission and gathering systems: Annual report. (a) Except as provided in paragraph (b) of this section, each operator of a transmission or a gathering pipeline system shal
49、l submit an annual report for that system on Department of Transportation Form RSPA 7100.21. This report must be submitted each year, not later than March 15, for the preceding calendar year. (b) The annual report required by paragraph (a) of this section need not be submitted with respect to LNG fa-cilities. Amdt. 1915, 49 FR 18961, May 3, 1984 191.19 Report forms. Copies of the prescribed report forms are availab
