{"operation":"document","citation":"PI-71-0104","title":"Office of the City Attorney — Pipeline Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1971-03-18","effective_on":null,"summary":"PI-71-0104 response to Office of the City Attorney concerning 192.5.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-71-0104.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-71-0104.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-71-0104","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/Pipeline/1971/g71-03-18_Christenson_192.5-lmx.pdf","body":"<<<PAGE 1>>>\n\nPI-71-0104\nMarch 18, 1971\nMr. Lawrence E. Christenson\nCity Attorney\nOffice of the City Attorney\n200 E. 9th Avenue\nWinfield, Kansas 67516\nDear Mr. Christenson:\nThis is in reply to your letter of February 12, 1971, concerning building of housing units near a 175 pound, high pressure\ngas line in the city of Winfield, Kansas.\nOur authority, under the Natural gas Pipeline Safety Act of 1968, extends only to transportation of gas, and does not\nextend to control of housing, zoning or local land use. The only exercise of Federal authority with regard to the\nproximity of housing to pipelines is related to the insuring of mortgages by the Federal Housing Administration in the\nDepartment of Housing and Urban Development. I suggest you write that agency if you wish further information on its\nregulations.\nHowever, it should be noted that under the minimum Federal Safety Standards, a copy of which has been sent to you,\nthe class location of a pipeline is determined by the number of buildings in the class location unit, after applying the\ncriteria set forth in section 192.5. a change in class location my require certain additional safety measures. For example,\nsection 192.705 requires that class location be considered in determining the frequency of patrolling a transmission\npipeline to observe surface conditions on and adjacent to the right of way, of indications of leaks and other factors\naffecting safety and operation. Section 192.721 and 192.723 require that the frequency of patrolling mains and the type\nand scope of leakage control programs be determined by local conditions and consequent hazards to public safety.\nFinally, in response to your inquiry as to whether section 192.625 of the minimum Federal Safety Standards, concerning\nodorization of gas, was in effect at the time of a gas explosion in Winfield on October 28, 1969, we call your attention to\nthe fact that these regulations were not issued until August 11, 1970. However, Interim Minimum Federal Safety\nStandards for the Transportation of Gas for each State were issued on November 7, 1968, by adopting the state\nstandards which were in effect on August 12, 1968, (49 CFR, part 190). By section 190.5(c) of the interim standards, the\nstandards adopted for Kansas were section 1, 2, and 7 and so much of section 8 applies to section 7 of the Rules and\nRegulations Relating to Standards of Quality, Pressure, Accuracy of Measurement, Safety and Service of natural Gas in\nthe state of Kansas, Docket 34, 856-U. Paragraph 703 of section 7 of those rules and regulations provided for\nodorization of any gas distributed to customers through gas mains or gas services, or used for domestic purposes in\ncompressor plants.\nIf you need further assistance, please let us know.\nSincerely,\nOriginal signed by:\nJoseph C. Caldwell\nDirector, Acting\nOffice of Pipelines Safety\n\n<<<PAGE 2>>>\n\nOffice of the City attorney\nCastle 1-1120\n200 E 98th Avenue\nWinfield, Kansas 67156\nFebruary 12, 1971\nOffice of the Secretary of Transportation\nRegulations Division\nOffice of Pipeline Safety\nWashington, D. C. 20590\nAttention: Peter G. Kuh\nGentlemen:\nI have your letter of February 4, 1971, indicating you had my letter addressed to the Kansas Corporation\nCommission of January 27, 1971.\nI have also the publications you sent - particularly Volume 35, Number 161 of the Federal Register,\nwhich apparently was effective or published August 19, 1970. I have searched the information you sent\nand fail to find anything definite insofar as regulations are concerned, dealing with housing units being\nconstructed near a 175 pound, high-pressure gas line.\nI do not find anything particularly definite on the odorization, other than sections 192.625 and 192.751.\nThe first referenced section would be sufficient if it made any difference whether it was for domestic or\nindustrial use. Further, the City had a rather devasting gas explosion on October 28, 1969, and I am\nwondering if the referenced section was effective at that time.\nRespectfully submitted,\nLawrence E. Christenson\nCITY ATTORNEY","truncated":false,"body_characters":4058}