Interpretation Response #PI-10-0019 ([Sutherland Asbill & Brennan LLP] [Ms. Kirstin E. Gibbs])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Sutherland Asbill & Brennan LLP
Individual Name: Ms. Kirstin E. Gibbs
Location State: DC Country: US
View the Interpretation Document
Response text:
Ms. Kirstin E. Gibbs
Sutherland Asbill & Brennan LLP
1275 Pennsylvania Ave., NW
Washington, DC 20004-2415
RE: Request for interpretation on behalf of Oglethorpe Power Corporation
Dear Ms. Gibbs:
In a letter to the Pipeline and Hazardous Materials Safety Administration (PHMSA) dated August 5, 2010, you requested an interpretation of Federal Pipeline Safety Regulation 49 CFR § 195.436. You specifically asked whether Oglethorpe Power Corporation's (OPC) current configuration of the Hartwell Pipeline's pig piping scraper trap is in full compliance with § 195.436 or whether additional protection for the scraper trap is needed to comply with the regulation.
You provided a description of the pig piping scraper trap, the security measures in place, and three site pictures.The pig piping scraper trap is very close to OPC's generating plant, and is in full view of the plant's security cameras. These security cameras are manned 24 hours a day, seven days per week. The pig piping scraper trap is located up on a hill, away from the road. This road has no thru traffic because it is simply an access road going to OPC's generating plant. Finally, no malicious incidents have occurred in the over 15-year history of the Hartwell Pipeline and the related pig piping scraper trap.
For these reasons, you believe that the current configuration and location of the pig piping scraper trap, along with 24 hour a day, seven days per week security cameras are sufficient to prevent vandalism and unauthorized entry. You would like PHMSA to confirm that your configuration complies with the requirements of § 195.436, or you would like PHMSA to provide guidance as to what steps OPC must take to ensure the pig piping scraper trap is in compliance with § 195.436.
Section 195.436 requires that each operator provide protection for each pumping station and breakout tank area and other exposed facility, including scraper traps, from vandalism and unauthorized entry. The existing configuration as described does not satisfy the requirement because no such protection is provided.
Actions that could satisfy § 195.436 may include locking the pig piping scraper valve, constructing a fence adequate to protect the facility from vandalism and unauthorized entry, or both.
I hope that this information is helpful to you. If I can be of further assistance, please contact me at 202-366-4046.
Sincerely,
John A. Gale
Director, Office of Standards and Rulemaking
The Pipeline and Hazardous Materials Safety Administration, Office of Pipeline Safety provides written clarifications of the Regulations (49 CFR Parts 190-199) in the form of interpretation letters. These letters reflect the agency's current application of the regulations to the specific facts presented by the person requesting the clarification. Interpretations do not create legally-enforceable rights or obligations and are provided to help the public understand how to comply with the regulations.
Regulation Sections
| Section | Subject |
|---|---|
| 195.436 | Security of facilities |