{"operation":"document","citation":"PI-73-016","title":"Borough of Metuchen — Pipeline Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1973-06-22","effective_on":null,"summary":"PI-73-016 response to Borough of Metuchen concerning 195.210.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-73-016.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-73-016.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-73-016","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/Pipeline/1973/PI73016.pdf","body":"<<<PAGE 1>>>\n\nJune 22, 1973\nMartin A. Spritzer, Esq.\nBorough of Metuchen\nMiddlesex County\nP. O. Box 567\nMetuchen, New Jersey 08840\nDear Mr. Spritzer:\nYour letter of May 7, 1973, acknowledges our letter of April 9,\n1973, in which we advised that the Office of Pipeline Safety\n(OPS) is not authorized to prescribe the location or routing of\nany pipeline. However, you call attention to ?195.210 which you\nsay definitely refers to pipeline location in regard to\nresidential areas, and you ask what recourse an aggrieved person\nwould have for interpretation and enforcement of that section.\nSection 195.210(a) places a requirement on a carrier to select a\nright-of-way that avoids \"as far as practicable, areas containing\nprivate dwellings, industrial buildings, and places of public\nassembly.\" Section 195.210(b) prohibits location of a pipeline\nwithin 50 feet of certain buildings and assembly places unless\nadditional cover is provided.\nThe requirements of ?195.210 are limitations with which a carrier\nmust comply in placing a new pipeline. This section, however,\ngives our office only limited authority to determine the location\nof pipelines. Generally, we do not \"approve\" the location of\npipelines. The regulations have no procedure for granting\nlicenses, but ?195.210 does require that pipelines be located\naway from dwellings \"as far as practicable.\" If it is not\n\"practicable\" to locate pipelines away from dwellings--in other\nwords, if there is no alternative open area--then 12 inches of\nadditional cover must be added. What is \"practicable\" is a\nquestion of judgment and all facts must be evaluated.\nThe OPS does not review individual pipeline proposals prior to\nconstruction unless some specific safety problem is brought to\nour attention. In the event a person believes a carrier is not\ncomplying with any requirement of 49 CFR Part 195, he may\ncommunicate all the known facts to this office for appropriate\naction. For an alleged violation of ?195.210(a), the person\nreporting should state in what respects, in his opinion, the\ncarrier's right-of-way selection has not avoided, as far as\npracticable, buildings and places of public assembly.\ndal\\195\\210\\73-06-22\n1\n\n<<<PAGE 2>>>\n\n2\nPlease contact us if you have any further questions in this\nregard.\nSincerely,\nJoseph C. Caldwell\nDirector\nOffice of Pipeline Safety\ndal\\195\\210\\73-06-22\n2","truncated":false,"body_characters":2349}