{"operation":"document","citation":"PI-72-0112","title":"Honorable Robert Dole — Pipeline Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1972-09-15","effective_on":null,"summary":"PI-72-0112 concerning 195.410.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-72-0112.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-72-0112.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-72-0112","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/Pipeline/1972/g72-09-15_Dole_195.410-olox.pdf","body":"<<<PAGE 1>>>\n\nPI-72-0112\nSeptember 15, 1972\nHonorable Robert Dole\nUnited stated Senate\nWashington, D.C. 20510\nDear Senator Dole:\nYour inquiry of August 15, 1972, to Mr. Lawrence J. Burton, Director of Congressional Relations, Department\nof Transportation, has been referred to this office for reply.\nThat inquiry referred to a letter from Stephen P. and Evelyn V. Stimac concerning pipeline markers on the\nfront lawn of their residence. These pipeline markers were installed by the Williams Brothers Pipeline\nCompany to mark the location of their multiple pipeline system where it crossed a public road in front of the\nStimac residence.\nThese markers do comply with the Federal minimum safety regulations for the Transportation of Liquids by\nPipeline, 49 CFR, Part 195, Section 195.410 (copy enclosed). This regulation became effective April 1, 1970.\nHowever, the Federal regulation on line markers is a regulation which affords necessary flexibility to the\ncarrier in his method of compliance. Accordingly, the regulation does not set forth any requirement with\nregard to vertical positioning, overall size, or height of markers all of which may reasonably vary to meet a\nlocal situation. The carrier could utilize one style marker for open county and a completely different style for\nresidential area and still comply with the minimum Federal safety standard with respect to location, letter size\nand color.\nThe American Petroleum Institute, Division of Transportation, published a Recommended Practice for Marking\nLiquid Petroleum Pipeline Facilities, dated October, 1971. In that recommended practice API recognized that\ndifferent type markers could be used and suggests some alternatives for the operators' consideration. One of\nthe suggested alternates may be an agreeable solution to the marking of the pipelines on the Stimac property.\nOver the past four years approximately 20% of all reported accidents on liquid pipeline systems have been\ncaused as a result of third party damage to the pipelines. This requirement to mark the location of pipelines is\nconsidered as an essential part of our program to reduce the number of accidents on pipeline systems from\nthis cause and thus improve public safety.\nIn the referenced case, the available information indicated the carrier is in compliance with the Federal\nminimum standards, and therefore meets the safety objective. To the extent that the carrier is utilizing\nmarkers having physical characteristics which the property owner considers detrimental to a property right as\nrecognized in that community, we believe the matter is one to be resolved between the property owner and\nthe carrier.\nThis office will contact the operator to make sure he is aware that the Federal regulations do permit variations\nfrom the conventional industry style of the marker.\nThis is the first complaint of this nature we have had relative to the marking requirements. However, we will\nreevaluate the regulation and if it is indicated that a clarification is needed, the appropriate action will be\ntaken. The Office of Pipeline Safety is presently evaluating the public comments received to a Notice of\nProposed Rule Making on the marking requirements for gas pipelines (49 CFR, Part 192). These proposed\nrequirements are similar to the marking requirements of Part 195 and the comments could be useful in such\nan evaluation.\nIf we may be of any further assistance to you in this matter, please advise.\nSincerely,\nOriginal signed by:\nJoseph C. Caldwell\nDirector\nOffice of Pipeline Safety\n\n<<<PAGE 2>>>\n\nUnited States Senate\nAugust 15, 1972\nRespectfully referred to:\nMr. Laurence J. Burton\nDirector, Congressional relations\nU.S. Department of Transportation\nWashington, D.C. 20590\nBecause of the desire of this office to be responsive to all inquiries and communications, your consideration of\nthe attached is requested. Your findings and views, in duplicate form, along with return of the enclosure, will\nbe appreciated by\nBOB DOLE\nU.S.S.\n\n<<<PAGE 3>>>\n\n2736 North 45th Street\nKansas City, Kansas 66104\nAugust 7, 1972\nSenator Robert Dole\nUnited States Senate\nWashington, D.C. 20010\nRE: Marking Signs Being Placed by the Williams Pipeline Co.\nDear Senator Dole:\nMonday, July 24th, the Williams Brothers Pipeline Company of Tulsa, Oklahoma came to our home and set up\nfour 5-foot marking signs consisting of a bold 12-inch target with bright yellow, black, and red captions at 10-\nfoot intervals across the entire frontage of our property.\nWe understand from city officials that this is in accordance with the National Safety Act requiring markers for\nall oil product lines at street and highway crossings. If, this is true, we are to look forward to three more\nhideous signs from the Phillips Petroleum Company.\nWe are sending a photo of our home, and enlisting your aide as well as that of Senator Edward Pearson and\nRepresentative Larry Winn. We ask that you check into this matter and seek to obtain a modification as to the\nsize and number of these markers in a purely residential area.\nWe feel that our home has been depreciated by several thousand dollars by these signs and that the entire\nblock suffers from their effect.\nAs private citizens we have always tried to maintain our home in beauty and it is quite a blow to accept a\ndefacement of this nature.\nThank you for any time and consideration you can give us in this matter.\nVery truly yours,\nStephen P. and Evelyn V. Stimac","truncated":false,"body_characters":5425}