49 C.F.R. PART 191—TRANSPORTATION OF NATURAL AND OTHER GAS BY PIPELINE; ANNUAL REPORTS, INCIDENT REPORTS, AND SAFETY-RELATED CONDITION REPORTS
Title 49 - Transportation
Authority: 49 U.S.C. 5121, 60102, 60103, 60104, 60108, 60117, 60118, and 60124; and 49 CFR 1.53.
(a) This part prescribes requirements for the reporting of incidents, safety-related conditions, and annual pipeline summary data by operators of gas pipeline facilities located in the United States or Puerto Rico, including pipelines within the limits of the Outer Continental Shelf as that term is defined in the Outer Continental Shelf Lands Act (43 U.S.C. 1331). (b) This 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 hydrocarbons are first separated, dehydrated, or otherwise processed, whichever facility is farther downstream; (2) Pipelines on the Outer Continental Shelf (OCS) that are producer-operated and cross into State waters without first connecting to a transporting operator's facility on the OCS, upstream (generally seaward) of the last valve on the last production facility on the OCS. Safety equipment protecting PHMSA-regulated pipeline segments is not excluded. Producing operators for those pipeline segments upstream of the last valve of the last production facility on the OCS may petition the Administrator, or designee, for approval to operate under PHMSA regulations governing pipeline design, construction, operation, and maintenance under 49 CFR 190.9. (3) Pipelines on the Outer Continental Shelf upstream of the point at which operating responsibility transfers from a producing operator to a transporting operator; or (4) Onshore gathering of gas outside of the following areas: (i) An area within 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 community development. [Amdt. 191–5, 49 FR 18960, May 3, 1984, as amended by Amdt. 191–6, 53 FR 24949, July 1, 1988; Amdt. 191–11, 61 FR 27793, June 3, 1996; Amdt. 191–12, 62 FR 61695, Nov. 19, 1997; Amdt. 191–15, 68 FR 46111, Aug. 5, 2003; 70 FR 11139, Mar. 8, 2005] As used in this part and the PHMSA Forms referenced in this part— Administrator means the Administrator, Pipeline and Hazardous Materials 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 natural gas or gas from an LNG facility and (i) A death, or personal injury necessitating in-patient hospitalization; or (ii) Estimated property damage, including cost of gas lost, of the operator or others, or both, of $50,000 or more. (2) An event that results in an emergency shutdown of an LNG facility. (3) An event that is significant, in the judgement 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 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 by rents; Municipality means a city, county, or any other political subdivision of a State; Offshore means beyond the line of ordinary low water along that portion of the coast of the United States that is in direct contact with the open seas and beyond the line marking the seaward limit of inland waters; Operator means a person who engages in the transportation of gas; Outer Continental Shelf means all submerged lands lying seaward and outside the area of lands beneath navigable waters as defined in Section 2 of the Submerged Lands Act (43 U.S.C. 1301) and of which the subsoil and seabed appertain to the United States and are subject to its jurisdiction and control. Person means any individual, firm, joint venture, partnership, corporation, association, State, municipality, cooperative association, or joint stock association, and includes any trustee, receiver, assignee, or personal representative thereof; Pipeline or Pipeline System means all parts of those physical facilities through which gas moves in transportation, including, but not limited to, pipe, valves, and other appurtenance attached to pipe, compressor units, metering stations, regulator stations, delivery stations, holders, and fabricated assemblies. State includes each of the several States, the District of Columbia, and the Commonwealth of Puerto Rico; Transportation of gas means the gathering, transmission, or distribution of gas by pipeline, or the storage of gas in or affecting interstate or foreign commerce. [35 FR 320, Jan. 8, 1970, as amended by Amdt. 191–5, 49 FR 18960, May 3, 1984; Amdt. 191–10, 61 FR 18516, Apr. 26, 1996; Amdt. 191–12, 62 FR 61695, Nov. 19, 1997; 68 FR 11749, Mar. 12, 2003; 70 FR 11139, Mar. 8, 2005] (a) At the earliest practicable moment following discovery, each operator shall give notice in accordance with paragraph (b) of this section of each incident as defined in §191.3. (b) Each notice required by paragraph (a) of this section shall be made by telephone to 800–424–8802 (in Washington, DC, 267–2675) 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 personal injuries, if any. (5) All other significant facts that are known by the operator that are relevant to the cause of the incident or extent of the damages. [Amdt. 191–4, 47 FR 32720, July 29, 1982, as amended by Amdt. 191–5, 49 FR 18960, May 3, 1984; Amdt. 191–8, 54 FR 40878, Oct. 4, 1989] Each written report required by this part must be made to the Information Resources Manager, Office of Pipeline Safety, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, Room 7128, 400 Seventh Street, SW., Washington, DC 20590. However, incident and annual reports for intrastate pipeline transportation 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 transmittal 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 required by §191.23 for intrastate pipeline transportation must be submitted concurrently to that State agency, 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. 191–6, 53 FR 24949, July 1, 1988, as amended by Amdt. 191–16, 69 FR 32892, June 14, 2004; 70 FR 11139, Mar. 8, 2005] (a) Except as provided in paragraph (c) of this section, each operator of a distribution pipeline system shall submit Department of Transportation Form RSPA F 7100.1 as soon as practicable but not more than 30 days after detection of an incident required to be reported under §191.5. (b) When additional relevant information is obtained after the report is submitted under paragraph (a) of this section, the operator shall make supplementary reports as deemed necessary with 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. 191–5, 49 FR 18960, May 3, 1984] (a) Except as provided in paragraph (b) of this section, each operator of a distribution pipeline system shall submit an annual report for that system on Department of Transportation Form RSPA F 7100.1–1. This report must be submitted each year, not later than March 15, for the preceding calendar year. (b) The annual report required 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 (3) LNG facilities. [Amdt. 191–5, 49 FR 18960, May 3, 1984] 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 engaged 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. 191–5, 49 FR 18961, May 3, 1984] (a) Except as provided in paragraph (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 information is obtained after a report is submitted under paragraph (a) of this section, the operator shall make a supplemental report as soon as practicable with a clear reference by date and subject to the original report. (c) The incident report required by paragraph (a) of this section need not be submitted with respect to LNG facilities. [35 FR 320, Jan. 8, 1970, as amended by Amdt. 191–5, 49 FR 18961, May 3, 1984] (a) Except as provided in paragraph (b) of this section, each operator of a transmission or a gathering pipeline system shall submit an annual report for that system on Department of Transportation Form RSPA 7100.2–1. 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 facilities. [Amdt. 191–5, 49 FR 18961, May 3, 1984] Copies of the prescribed report forms are available without charge upon request from the address given in §191.7. Additional copies in this prescribed format may be reproduced and used if in the same size and kind of paper. In addition, the information required by these forms may be submitted by any other means that is acceptable to the Administrator. [Amdt. 191–10, 61 FR 18516, Apr. 26, 1996] This section displays the control number assigned by the Office of Management and Budget (OMB) to the gas pipeline information collection requirements of the Office of Pipeline Safety pursuant to the Paperwork Reduction Act of 1980, Public Law 96–511. It is the intent of this section to comply with the requirements of section 3507(f) of the Paperwork Reduction Act which requires that agencies display a current control number assigned by the Director of OMB for each agency information collection requirement. [Amdt. 191–5, 49 FR 18961, May 3, 1984, as amended by Amdt.191–13, 63 FR 7723, Feb. 17, 1998] (a) Except as provided in paragraph (b) of this section, each operator shall report in accordance with §191.25 the existence of any of the following safety-related conditions involving facilities in service: (1) In the case of a pipeline (other than an LNG facility) that operates at a hoop stress of 20 percent or more of its specified minimum yield strength, general corrosion that has reduced the wall thickness to less than that required for the maximum allowable operating pressure, and localized corrosion pitting to a degree where leakage might result. (2) Unintended movement or abnormal loading by environmental causes, such as an earthquake, landslide, or flood, that impairs the serviceability of a pipeline or the structural integrity or reliability of an LNG facility that contains, controls, or processes gas or LNG. (3) Any crack or other material defect that impairs the structural integrity or reliability of an LNG facility that contains, controls, or processes gas or LNG. (4) Any material defect or physical damage that impairs the serviceability of a pipeline that operates at a hoop stress of 20 percent or more of its specified minimum yield strength. (5) Any malfunction or operating error that causes the pressure of a pipeline or LNG facility that contains or processes gas or LNG to rise above its maximum allowable operating pressure (or working pressure for LNG facilities) plus the build-up allowed for operation of pressure limiting or control devices. (6) A leak in a pipeline or LNG facility that contains or processes gas or LNG that constitutes an emergency. (7) Inner tank leakage, ineffective insulation, or frost heave that impairs the structural integrity of an LNG storage tank. (8) Any safety-related condition that could lead to an imminent hazard and causes (either directly or indirectly by remedial action of the operator), for purposes other than abandonment, a 20 percent or more reduction in operating pressure or shutdown of operation of a pipeline or an LNG facility that contains or processes gas or LNG. (b) A report is not required for any safety-related condition that— (1) Exists on a master meter system or a customer-owned service line; (2) Is an incident or results in an incident before the deadline for filing the safety-related condition report; (3) Exists on a pipeline (other than an LNG facility) that is more than 220 yards (200 meters) from any building intended for human occupancy or outdoor place of assembly, except that reports are required for conditions within the right-of-way of an active railroad, paved road, street, or highway; or (4) Is corrected by repair or replacement in accordance with applicable safety standards before the deadline for filing the safety-related condition report, except that reports are required for conditions under paragraph (a)(1) of this section other than localized corrosion pitting on an effectively coated and cathodically protected pipeline. [Amdt. 191–6, 53 FR 24949, July 1, 1988, as amended by Amdt. 191–14, 63 FR 37501, July 13, 1998] (a) Each report of a safety-related condition under §191.23(a) must be filed (received by the Associate Administrator, OPS) in writing within five working days (not including Saturday, Sunday, or Federal Holidays) after the day a representative of the operator first determines that the condition exists, but not later than 10 working days after the day a representative of the operator discovers the condition. Separate conditions may be described in a single report if they are closely related. Reports may be transmitted by facsimile at (202) 366–7128. (b) The report must be headed “Safety-Related Condition Report” and provide the following information: (1) Name and principal address of operator. (2) Date of report. (3) Name, job title, and business telephone number of person submitting the report. (4) Name, job title, and business telephone number of person who determined that the condition exists. (5) Date condition was discovered and date condition was first determined to exist. (6) Location of condition, with reference to the State (and town, city, or county) or offshore site, and as appropriate, nearest street address, offshore platform, survey station number, milepost, landmark, or name of pipeline. (7) Description of the condition, including circumstances leading to its discovery, any significant effects of the condition on safety, and the name of the commodity transported or stored. (8) The corrective action taken (including reduction of pressure or shutdown) before the report is submitted and the planned follow-up or future corrective action, including the anticipated schedule for starting and concluding such action. [Amdt. 191–6, 53 FR 24949, July 1, 1988; 53 FR 29800, Aug. 8, 1988, as amended by Amdt. 191–7, 54 FR 32344, Aug. 7, 1989; Amdt. 191–8, 54 FR 40878, Oct. 4, 1989; Amdt. 191–10, 61 FR 18516, Apr. 26, 1996] (a) Each operator shall, within 60 days after completion of the inspection of all its underwater pipelines subject to §192.612(a), report the following information: (1) Name and principal address of operator. (2) Date of report. (3) Name, job title, and business telephone number of person submitting the report. (4) Total length of pipeline inspected. (5) Length and date of installation of each exposed pipeline segment, and location, including, if available, the location according to the Minerals Management Service or state offshore area and block number tract. (6) Length and date of installation of each pipeline segment, if different from a pipeline segment identified under paragraph (a)(5) of this section, that is a hazard to navigation, and the location, including, if available, the location according to the Minerals Management Service or state offshore area and block number tract. (b) The report shall be mailed to the Information Officer, Pipeline and Hazardous Materials Safety Administration, Department of Transportation, 400 Seventh Street, SW., Washington, DC 20590. [Amdt. 191–9, 56 FR 63770, Dec. 5, 1991, as amended by Amdt. 191–14, 63 FR 37501, July 13, 1998; 70 FR 11139, Mar. 8, 2005]
Title 49: Transportation
PART 191—TRANSPORTATION OF NATURAL AND OTHER GAS BY PIPELINE; ANNUAL REPORTS, INCIDENT REPORTS, AND SAFETY-RELATED CONDITION REPORTS
Section Contents
§ 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 transmission pipelines; transmission or gathering 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 information collection.
§ 191.23 Reporting safety-related conditions.
§ 191.25 Filing safety-related condition reports.
§ 191.27 Filing offshore pipeline condition reports.
§ 191.1 Scope.
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§ 191.3 Definitions.
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§ 191.5 Telephonic notice of certain incidents.
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§ 191.7 Addressee for written reports.
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§ 191.9 Distribution system: Incident report.
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§ 191.11 Distribution system: Annual report.
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§ 191.13 Distribution systems reporting transmission pipelines; transmission or gathering systems reporting distribution pipelines.
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§ 191.15 Transmission and gathering systems: Incident report.
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§ 191.17 Transmission and gathering systems: Annual report.
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§ 191.19 Report forms.
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§ 191.21 OMB control number assigned to information collection.
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OMB Control Number 2137-0522------------------------------------------------------------------------ Section of 49 CFR part 191 where identified Form No.------------------------------------------------------------------------191.5.................................. Telephonic.191.9.................................. RSPA 7100.1191.11................................. RSPA 7100.1-1191.15................................. RSPA 7100.2191.17................................. RSPA 7100.2-1.------------------------------------------------------------------------
§ 191.23 Reporting safety-related conditions.
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§ 191.25 Filing safety-related condition reports.
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§ 191.27 Filing offshore pipeline condition reports.
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