In addition to the definitions given in 49 CFR Parts 40, 191,
192, 193, 195, and 199, the following words and terms, when used in
this chapter, shall have the following meanings, unless the context
clearly indicates otherwise.
(1) Affected person--This definition of this term applies
only to the procedures and requirements of §8.125 of this title
(relating to Waiver Procedure). The term includes but is not limited
(A) persons owning or occupying real property within
500 feet of any property line of the site for the facility or operation
for which the waiver is sought;
(B) the city council, as represented by the city attorney,
the city secretary, the city manager, or the mayor, if the property
that is the site of the facility or operation for which the waiver
is sought is located wholly or partly within any incorporated municipal
boundaries, including the extraterritorial jurisdiction of any incorporated
municipality. If the site of the facility or operation for which the
waiver is sought is located within more than one incorporated municipality,
then the city council of every incorporated municipality within which
the site is located is an affected person;
(C) the county commission, as represented by the county
clerk, if the property that is the site of the facility or operation
for which the waiver is sought is located wholly or partly outside
the boundary of any incorporated municipality. If the site of the
facility or operation for which the waiver is sought is located within
more than one county, then the county commission of every county within
which the site is located is an affected person;
(D) any other person who would be impacted by the waiver
(2) Applicant--A person who has filed with the Oversight
and Safety Division, Pipeline Safety Department, a complete application
for a waiver to a pipeline safety rule or regulation, or a request
to use other technology or assessment methodology not specifically
listed in §8.101(b)(1) of this title (relating to Pipeline Integrity
Assessment and Management Plans for Natural Gas and Hazardous Liquids
(3) Application for waiver--The written request, including
all reasons and all appropriate documentation, for the waiver of a
particular rule or regulation with respect to a specific facility
(4) Charter school--An elementary or secondary school
operated by an entity created pursuant to Texas Education Code, Chapter
(5) Commission--The Railroad Commission of Texas.
(6) Direct assessment--A structured process that identifies
locations where a pipeline may be physically examined to provide assessment
of pipeline integrity. The process includes collection, analysis,
assessment, and integration of data, including but not limited to
the items listed in §8.101(b)(1) of this title. The physical
examination may include coating examination and other applicable non-destructive
(7) Director--The director of the Oversight and Safety
Division or the director's delegate.
(8) Division--The Oversight and Safety Division of
(9) Farm tap odorizer--A wick-type odorizer serving
a consumer or consumers off any pipeline other than that classified
as distribution as defined in 49 CFR 192.3 which uses not more than
10 mcf on an average day in any month.
(10) Gas--Natural gas, flammable gas, or other gas
which is toxic or corrosive.
(11) Gas company--Any person who owns or operates pipeline
facilities used for the transportation or distribution of gas, including
master metered systems.
(12) Hazardous liquid--Petroleum, petroleum products,
anhydrous ammonia, or any substance or material which is in liquid
state, excluding liquefied natural gas (LNG), when transported by
pipeline facilities and which has been determined by the United States
Secretary of Transportation to pose an unreasonable risk to life or
property when transported by pipeline facilities.
(13) In-line inspection--An internal inspection by
a tool capable of detecting anomalies in pipeline walls such as corrosion,
metal loss, or deformation.
(14) Intrastate pipeline facilities--Pipeline facilities
located within the State of Texas which are not used for the transportation
of natural gas or hazardous liquids or carbon dioxide in interstate
or foreign commerce.
(15) Lease user--A consumer who receives free gas in
a contractual agreement with a pipeline operator or producer.
(16) Liquids company--Any person who owns or operates
a pipeline or pipelines and/or pipeline facilities used for the transportation
or distribution of any hazardous liquid, or carbon dioxide, or anhydrous
(17) Master meter operator--The owner, operator, or
manager of a master metered system.
(18) Master metered system--A pipeline system (other
than one designated as a local distribution 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 rents.
(19) Natural gas or other gas supplier--The entity
selling and delivering gas to a school facility or a master metered
system. If more than one entity sells and delivers gas to a school
facility or master metered system, each entity is a gas supplier for
purposes of this chapter.
(20) Operator--A person who operates on his or her
own behalf, or as an agent designated by the owner, intrastate pipeline
(21) Person--Any individual, firm, joint venture, partnership,
corporation, association, cooperative association, joint stock association,
trust, or any other business entity, including any trustee, receiver,
assignee, or personal representative thereof, a state agency or institution,
a county, a municipality, or school district or any other governmental
subdivision of this state.
(22) Person responsible for a school facility--In the
case of a public school, the superintendent of the school district
as defined in Texas Education Code, §11.201, or the superintendent's
designee previously specified in writing to the gas supplier. In the
case of charter and private schools, the principal of the school or
the principal's designee previously specified in writing to the gas
(23) Pipeline facilities--New and existing pipe, right-of-way,
and any equipment, facility, or building used or intended for use
in the transportation of gas or hazardous liquid or their treatment
during the course of transportation.
(24) Pressure test--Those techniques and methodologies
prescribed for leak-test and strength-test requirements for pipelines.
For natural gas pipelines, including LPG distribution systems and
master metered systems, the requirements are found in 49 Code of Federal
Regulations (CFR) Part 192, and specifically include 49 CFR 192.505,
192.507, 192.515, and 192.517. For hazardous liquids pipelines, the
requirements are found in 49 CFR Part 195, and specifically include
49 CFR 195.305, 195.306, 195.308, and 195.310.
(25) Private school--A school that:
(A) offers a course of instruction for students in
one or more grades from kindergarten through grade 12;
(B) is not operated by a governmental entity; and
(C) is not a home school.
(26) Public school--An elementary or secondary school
operated by an entity created in accordance with the laws of the State
of Texas and accredited by the Texas Education Agency pursuant to
Texas Education Code, Chapter 39, Subchapter D. The term does not
include programs and facilities under the jurisdiction of the Texas
Juvenile Justice Department, the Texas Health and Human Services Commission,
the Texas Department of Criminal Justice or any probation agency,
the Texas School for the Blind and Visually Impaired, the Texas School
for the Deaf and Regional Day Schools for the Deaf, the Texas Academy
of Mathematics & Science, the Texas Academy of Leadership in the
Humanities, and home schools or proprietary schools as defined in
Texas Education Code, §132.001.
(27) School facility--All piping, buildings and structures
operated by a public, charter, or private school that are downstream
of a meter measuring gas service in which students receive instruction
or participate in school sponsored extracurricular activities, excluding
maintenance or bus facilities, administrative offices, and similar
facilities not regularly utilized by students.
(28) Transportation of gas--The gathering, transmission,
or distribution of gas by pipeline or its storage within the State
of Texas. For purposes of safety regulation, the term shall include
onshore pipeline and production facilities, beginning after the first
point of measurement and ending as defined by 49 CFR Part 192 as the
beginning of an onshore gathering line.
(29) Transportation of hazardous liquids or carbon
dioxide--The movement of hazardous liquids or carbon dioxide by pipeline,
or their storage incidental to movement, except that, for purposes
of safety regulations, it does not include any such movement through
gathering lines in rural locations or production, refining, or manufacturing
facilities or storage or in-plant piping systems associated with any
of those facilities.