{"operation":"document","citation":"PI-72-0113","title":"City of Kansas City — Pipeline Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1972-09-20","effective_on":null,"summary":"PI-72-0113 response to City of Kansas City concerning 195.410.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-72-0113.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-72-0113.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-72-0113","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/Pipeline/1972/g72-09-20_Martin_195.410-olox.pdf","body":"<<<PAGE 1>>>\n\nPI-72-0113\nSeptember 20, 1972\nDHM-217\nMr. Donald E. Martin\nCity Attorney\nCity of Kansas City\nLegal Department\nKansas City, Kansas 66101\nDear Mr. Martin:\nThis refers to your letter of August 18 and our reply of September 12, 1972, concerning warning signs over\npipelines in certain residential areas of Kansas City.\nA Safety Inspector from our Kansas City office made an onsite inspection of the pipeline markers in the\nresidential area from which the original complaints originated. It was determined that the markers were\ninstalled by the Williams Brothers Pipeline Company to mark the location of their multiple pipeline system at\npoints where it passes under the several streets in the neighborhood. The Williams Brothers lines are engaged\nin interstate commerce and therefore are subject to pipeline regulations administered by the Federal Railroad\nAdministration.\nThe pipeline markers in question do comply with the Federal safety regulations for the Transportation of\nLiquids by Pipeline, 49 CFR, Part 195, Section 195.410. 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 country and a completely different style for\na residential area and still comply with the minimum Federal safety standard with respect to location, letter\nsize and 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 alternative for the operators' consideration. One of\nthe suggested alternates may be a solution to the marking of pipelines that might be agreeable to the\nresidents in the area concerned.\nOver the past four years approximately 20% of all reported accidents on liquid pipeline systems have been\ncaused by equipment such as bulldozers, back hoes, boring devices and graders rupturing buried pipe. Such\nequipment was operated by third party personnel. Damage of this type is more likely to occur in areas where\nstreets, water mains, and storm sewers exist than would be the case in more sparsely settled regions. The\nrequirement to mark the location of pipelines is considered as an essential part of our program to reduce the\nnumber of accidents on pipeline systems from this cause and thus improve public safety.\n\n<<<PAGE 2>>>\n\nIn this particular 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 Rulemaking 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 this office can be of further assistance in this matter, please advise.\nSincerely,\nMac E. Rogers\nAssociate Administrator\nOffice of Safety","truncated":false,"body_characters":4045}