{"operation":"document","citation":"PI-01-0100","title":"Marathon Ashland Pipeline LLC — Pipeline Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"2001-01-29","effective_on":null,"summary":"PI-01-0100 response to Marathon Ashland Pipeline LLC concerning 195.59.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-01-0100.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-01-0100.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-01-0100","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/Pipeline/2001/g01-01-29_SCHELL_195.59-wmX.pdf","body":"<<<PAGE 1>>>\n\nPI-01-0100\nJanuary 29, 2001\nTad A. Schell, P.E.\nRegulatory Compliance Coordinator\nMarathon Ashland Pipeline LLC\n539 South Main Street\nFindlay, OH 45840-3295\nDear Mr. Schell:\nThank you for your letter requesting clarification of navigable waterways for the purpose\ncompliance with 49 CFR §§ 195.412 and 195.59. You argue that the St. Joseph River in\nMichigan should not be characterized as commercially navigable for purposes of the National\nPipeline Mapping System (NPMS) because, according to U.S. Coast Guard charts, barge traffic\ncannot ascend the river beyond the main street bridge in the town of Benton Harbor,\napproximately 1.3 miles upstream front the mouth of the river. You also note that an OPS\ninterpretation of 49 CFR § 195.412 (March 8, 1994) defines navigable as waterways which have\nbeen designated as being navigable by the USCG in 33 CFR Subpart 2.05-25(a).\nAs discussed in out Final Rule on reporting of underwater abandoned pipeline facilities\n(September 8, 200O, 65 FR 54440) the National Waterways Network (NWN) database is the\nbasis we use to identify commercially navigable waterways. Our use of this database replaces the\nuse of the referenced USCG designation. Upon receipt of your letter, we checked with the\nWaterborne Commerce Statistics Center, US Army Corps of Engineers (COE) to determine if\nthere were any updates affecting the St. Joseph River. The COE confirmed that the waterway is\nconsidered commercially navigable and that it will be included in the next annual release of the\nNational Waterways dataset in March of 200l. Therefore, we will continue to regard this river as\ncommercially navigable under the published classifications.\nWe realize that at any given time there may he hazards on a waterway which could interfere with\nnavigation on a particular segment of a listed river. However, in order to maintain national\nconsistency we will continue to rely on the COE National Waterways Dataset. If you have any\nquestions about the dataset, please contact Kevin Cutriss at the Waterborne Commerce Statistics\nCenter, U.S. Army Corps of Engineers at (504) 862-1406.\nIf you have any further questions about the pipeline safety regulations, please contact me at (202)\n366-4565 or L. E. Herrick at (202) 366-5523.\nSincerely\nRichard D. Huriaux. P.E.\nManager, Regulations","truncated":false,"body_characters":2319}