{"operation":"document","citation":"PI-73-037","title":"Colonial Pipeline Company — Pipeline Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1973-11-16","effective_on":null,"summary":"PI-73-037 response to Colonial Pipeline Company concerning 195.412.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-73-037.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-73-037.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-73-037","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/Pipeline/1973/PI73037.pdf","body":"<<<PAGE 1>>>\n\nNovember 16, 1973\nMr. J. S. Sorrow, Administrator\nEnvironmental Affairs & Safety\nColonial Pipeline Company\n3390 Peachtree Road N.E.\nLenox Towers\nAtlanta, GA 30326\nDear Mr. Sorrow:\nThis is in reply to your letter of October 18, 1973, regarding\nsome questions concerning the proper interpretation of ??195.412\nand 195.43 [sic] of Title 49 of the Code of Federal Regulations.\nYour first inquiry was regarding ?195.412, in which you asked for\na definition of \"navigable waterway\" and also asked what\nconstitutes an acceptable \"inspection.\"\nNavigable waters or waterways include those waterways which have\nbeen designated as being navigable by Part 2 of Title 33 of the\nCode of Federal Regulations.\nThe term \"navigable waters of the United States\" is defined in\nSubpart 2.10-5 of 33 CFR where it states that\n\"...navigable waters of the Untied States shall be construed\nto mean those waters of the United States, including the\nterritorial seas adjacent thereto, the general character of\nwhich is navigable, and which, either by themselves or by\nuniting with other waters, form a continuous waterway on\nwhich boats or vessels may navigate or travel between two or\nmore States, or to or from foreign nations....\"\nNavigable waters of the United States which have been the object\nof special determinations by the Coast Guard are enumerated in\nSubparts 2.21 et seq. The listings in those parts do not purport\nto be a complete listing of all such waters, but rather are only\nlistings of those internal waters of the United States which have\nbeen the subject of determinations by the Coast Guard. There are\nnumerous other waterways which historically have been considered\nnavigable waters of the United States and are by common knowledge\nconsidered to be navigable waters.\nAs to your question regarding an acceptable \"inspection,\" any of\nthe inspections that you suggest in your letter would be\nacceptable, as long as these inspections can with reasonable\nreliability determine the condition of the crossing. The\ndal\\195\\412\\73-11-16\n1\n\n<<<PAGE 2>>>\n\ninspection of these crossings should, as a minimum, determine if\nthere is still cover on a pipeline, and, where it is determined\n2\nthat the pipeline is uncovered, whether there is debris or other\nobjects hanging on it that would make the pipeline crossing\nprecarious.\nA record of each inspection of a waterway crossing will be\nrequired and each company should compare the most recent\ninspection with previous inspections for any changes in crossing\nconditions. This record together with a record of any remedial\nor repair action taken to correct an unsatisfactory condition\nmust be kept for the useful life of the pipeline.\nYour next inquiry was regarding ?195.434, in which you asked for\na definition of the words \"around,\" \"visible,\" and \"visible to\nthe public,\" as used therein. The term \"around\" means in the\ngeneral vicinity, not necessarily on all prominent sides, of the\npumping station, terminal, or tank farm located in places where\nthey would be seen, and not easily missed, by the public. This,\nhowever, does not mean that signs are only required adjacent to\npublic roads, lands, or waterways. They must also be located\nadjacent to privately owned property if a person approaching the\nfacilities from the direction would not be able to see and rad\nthe other signs. \"Visible\" means that the sign must be readily\ndiscernable to the human eye at a reasonable distance. We cannot\ncategorically determine if more than one sign would be required\non a lengthy side or where hills or other obstructions are\ninvolved and, if so, on what spacing. The pipeline carrier must\nevaluate each particular situation and assure himself that the\nsigns have been placed in such locations as will make at least\none of the posted signs readily visible to a person approaching\nthe plant facilities from that general direction.\nWe trust that this has answered your particular questions. If we\ncan be of further service, please let us know.\nSincerely,\nJoseph C. Caldwell\nDirector\nOffice of Pipeline Safety\ndal\\195\\412\\73-11-16\n2","truncated":false,"body_characters":4065}