Interpretation Response #PI-84-0101
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name:
Individual Name:
Location State: AK Country: US
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Response text:
February 6, 1984
Mr. Earle Ausman
Nuiqsut LNG Facility, Project Manager
Polarconsult Alaska, Inc. Suite 201
Anchorage, Alaska 99507
Dear Mr. Ausman:
This responds to your letter of Mr. Furrow of this office, dated November 28, 1983, regarding LNG
facilities and an associated gas pipeline distribution system proposed for construction in the
village of Nuiqsut, Alaska. You asked whether the village would have to comply with 49 CFR Part 193
with respect to the proposed LNG facilities.
The Part 193 regulations were issued under the Natural Gas Pipeline Safety Act of 1968 (NGPSA) (49
U.S.C.
1671 et. seq.). The- regulations apply to LNG facilities used in the transportation of gas by
pipeline that is subject to the NGPSA and-49 CFR Pert 192 (§193.2001(a)). The transportation of gas
that is subject, .to the NGPSA and Part 192 is defined in the Part 192 regulations to include the
distribution of gas by pipeline in or affecting interstate or foreign commerce. Although the degree
to which the proposed distribution of gas in Nuking would affect interstate or foreign commerce is
difficult to determine, Supreme Court cases have held that only a slight relationship to such
commerce is sufficient to extend jurisdiction under Federal statutes and regulations to purely
intrastate matters. The feats you have presented do not distinguish the proposed distribution of
gas from similar pipeline transportation systems that effect interstate or foreign commerce.
Therefore, we believe the LNG facilities proposed for construction in the village would be subject
to Part 193.
Although you have not said so, we presume the village of Nuiqsut would own or operate the proposed
LNG facilities. Section 10 of the NGPSA requires each person who owns or operates LNG facilities
that are subject to regulations issued under the NGPSA to comply with those regulations. Section 2
of the NGPSA defines
"person" to include a "municipality"- or "cooperative association" and further defines
"municipality" to include
any political subdivision of a State. In the absence of any information to the contrary, it appears
that the village of Nuiqsut is a "person” under the NGPSA and would have to comply with the Part
193 regulations.
I would like to point out, however, that Section 3 of the NGPSA would permit the village to
petition us for a waiver of any of the Part 193 regulations that it considers inappropriate to
meet. Such a petition would have to show that a waiver would be consistent with pipeline safety.
I trust this provides a satisfactory response to your inquiry.
Sincerely,
Original signed by Richard L.
Beam Associate Director for
Pipeline Safety Regulation
Materials Transportation Bureau