DOT 49 CFR PART 191-2010 TRANSPORTATION OF NATURAL AND OTHER GAS BY PIPELINE ANNUAL REPORTS INCIDENT REPORTS AND SAFETY RELATED CONDITION REPORTS.pdf
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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
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