C.F.R. » Title 49 » CHAPTER I—PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION, DEPARTMENT OF TRANSPORTATION › SUBCHAPTER D—PIPELINE SAFETY › PART 192—TRANSPORTATION OF NATURAL AND OTHER GAS BY PIPELINE: MINIMUM FEDERAL SAFETY STANDARDS › Subpart L—Operations

49 C.F.R. § 192.616

Public awareness

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(a) Except for an operator of a master meter or petroleum gas system covered under paragraph (j) of this section, each pipeline operator must develop and implement a written continuing public education program that follows the guidance provided in the American Petroleum Institute's (API) Recommended Practice (RP) 1162 (incorporated by reference, see § 192.7).

(b) The operator's program must follow the general program recommendations of API RP 1162 and assess the unique attributes and characteristics of the operator's pipeline and facilities.

(c) The operator must follow the general program recommendations, including baseline and supplemental requirements of API RP 1162, unless the operator provides justification in its program or procedural manual as to why compliance with all or certain provisions of the recommended practice is not practicable and not necessary for safety.

(d) The operator's program must specifically include provisions to educate the public, appropriate government organizations, and persons engaged in excavation related activities on:

(1) Use of a one-call notification system prior to excavation and other damage prevention activities;

(2) Possible hazards associated with unintended releases from a gas pipeline facility;

(3) Physical indications that such a release may have occurred;

(4) Steps that should be taken for public safety in the event of a gas pipeline release; and

(5) Procedures for reporting such an event.

(e) The program must include activities to advise affected municipalities, school districts, businesses, and residents of pipeline facility locations.

(f) The program and the media used must be as comprehensive as necessary to reach all areas in which the operator transports gas.

(g) The program must be conducted in English and in other languages commonly understood by a significant number and concentration of the non-English speaking population in the operator's area.

(h) Operators in existence on June 20, 2005, must have completed their written programs no later than June 20, 2006. The operator of a master meter or petroleum gas system covered under paragraph (j) of this section must complete development of its written procedure by June 13, 2008. Upon request, operators must submit their completed programs to PHMSA or, in the case of an intrastate pipeline facility operator, the appropriate State agency.

(i) The operator's program documentation and evaluation results must be available for periodic review by appropriate regulatory agencies.

(j) Unless the operator transports gas as a primary activity, the operator of a master meter or petroleum gas system is not required to develop a public awareness program as prescribed in paragraphs (a) through (g) of this section. Instead the operator must develop and implement a written procedure to provide its customers public awareness messages twice annually. If the master meter or petroleum gas system is located on property the operator does not control, the operator must provide similar messages twice annually to persons controlling the property. The public awareness message must include:

(1) A description of the purpose and reliability of the pipeline;

(2) An overview of the hazards of the pipeline and prevention measures used;

(3) Information about damage prevention;

(4) How to recognize and respond to a leak; and

(5) How to get additional information.

[Amdt. 192-100, 70 FR 28842, May 19, 2005; 70 FR 35041, June 16, 2005; 72 FR 70810, Dec. 13, 2007]
Notes of Decisions
Cited in 2 cases (1 in the last 5 years), 2015–2021 · leading case: Reggie Elliott v. El Paso Corp., 181 So. 3d 263 (Miss. 2015).
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Reggie Elliott v. El Paso Corp., 181 So. 3d 263 (Miss. 2015). “Similarly, under 49 C.F.R. Section 192.616(a), a pipeline operator is required to carry out public education.”
In re Application of Duke Energy Ohio, Inc. (Slip Opinion), 2021 Ohio 3301 (Ohio 2021). “615), the duty to develop and implement a written continuing-public-education program addressing, among other things, steps that should be taken for public safety in the event of a gas-pipeline release (49 C.F.R. 192.616), and the duty to maintain a written integrity-management…”
— 49 C.F.R. § 192.616(a) — 1 case
Reggie Elliott v. El Paso Corp., 181 So. 3d 263 (Miss. 2015). “Similarly, under 49 C.F.R. Section 192.616(a), a pipeline operator is required to carry out public education.”
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