# Colonial Pipeline Company — Pipeline Safety Interpretation

- **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:** Not available
- **summary:** PI-73-037 response to Colonial Pipeline Company concerning 195.412.
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- **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>>>

November 16, 1973
Mr. J. S. Sorrow, Administrator
Environmental Affairs & Safety
Colonial Pipeline Company
3390 Peachtree Road N.E.
Lenox Towers
Atlanta, GA 30326
Dear Mr. Sorrow:
This is in reply to your letter of October 18, 1973, regarding
some questions concerning the proper interpretation of ??195.412
and 195.43 [sic] of Title 49 of the Code of Federal Regulations.
Your first inquiry was regarding ?195.412, in which you asked for
a definition of "navigable waterway" and also asked what
constitutes an acceptable "inspection."
Navigable waters or waterways include those waterways which have
been designated as being navigable by Part 2 of Title 33 of the
Code of Federal Regulations.
The term "navigable waters of the United States" is defined in
Subpart 2.10-5 of 33 CFR where it states that
"...navigable waters of the Untied States shall be construed
to mean those waters of the United States, including the
territorial seas adjacent thereto, the general character of
which is navigable, and which, either by themselves or by
uniting with other waters, form a continuous waterway on
which boats or vessels may navigate or travel between two or
more States, or to or from foreign nations...."
Navigable waters of the United States which have been the object
of special determinations by the Coast Guard are enumerated in
Subparts 2.21 et seq. The listings in those parts do not purport
to be a complete listing of all such waters, but rather are only
listings of those internal waters of the United States which have
been the subject of determinations by the Coast Guard. There are
numerous other waterways which historically have been considered
navigable waters of the United States and are by common knowledge
considered to be navigable waters.
As to your question regarding an acceptable "inspection," any of
the inspections that you suggest in your letter would be
acceptable, as long as these inspections can with reasonable
reliability determine the condition of the crossing. The
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<<<PAGE 2>>>

inspection of these crossings should, as a minimum, determine if
there is still cover on a pipeline, and, where it is determined
2
that the pipeline is uncovered, whether there is debris or other
objects hanging on it that would make the pipeline crossing
precarious.
A record of each inspection of a waterway crossing will be
required and each company should compare the most recent
inspection with previous inspections for any changes in crossing
conditions. This record together with a record of any remedial
or repair action taken to correct an unsatisfactory condition
must be kept for the useful life of the pipeline.
Your next inquiry was regarding ?195.434, in which you asked for
a definition of the words "around," "visible," and "visible to
the public," as used therein. The term "around" means in the
general vicinity, not necessarily on all prominent sides, of the
pumping station, terminal, or tank farm located in places where
they would be seen, and not easily missed, by the public. This,
however, does not mean that signs are only required adjacent to
public roads, lands, or waterways. They must also be located
adjacent to privately owned property if a person approaching the
facilities from the direction would not be able to see and rad
the other signs. "Visible" means that the sign must be readily
discernable to the human eye at a reasonable distance. We cannot
categorically determine if more than one sign would be required
on a lengthy side or where hills or other obstructions are
involved and, if so, on what spacing. The pipeline carrier must
evaluate each particular situation and assure himself that the
signs have been placed in such locations as will make at least
one of the posted signs readily visible to a person approaching
the plant facilities from that general direction.
We trust that this has answered your particular questions. If we
can be of further service, please let us know.
Sincerely,
Joseph C. Caldwell
Director
Office of Pipeline Safety
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