{"operation":"document","citation":"PI-74-0127","title":"Portal Pipe Line Company — Pipeline Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1974-07-30","effective_on":null,"summary":"PI-74-0127 response to Portal Pipe Line Company concerning 195.210.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-74-0127.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-74-0127.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-74-0127","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/Pipeline/1974/g74-07-30_Nichols_195.210-DBx.pdf","body":"<<<PAGE 1>>>\n\nPI-74-0127\nJuly 30, 1974\nMr. Mark Nicholas, Manager\nPortal Pipe Line Company\nP. O. Drawer \"L\"\nMinot, ND 58701\nDear Mr. Nicholas:\nThank you for your letter of June 4, 1974, asking what authority exists for a carrier to restrict construction near its\npipeline which would cause the pipeline to be in noncompliance with section 195.210 or other requirements of 49 CFR\nPart 195.\nThe statutes and regulations administered by this office do not authorize a carrier to restrict construction near its\npipeline. Any limitation on such construction is a matter for agreement between the parties concerned or local law.\nMoreover, construction by a developer near a pipeline, where the carrier is not involved in the construction (e.g., by sale\nof its right-of-way), would not bring that pipeline within the purview of section 195.210.\nWe appreciate your interest in pipeline safety.\nSincerely,\nJoseph C. Caldwell\nDirector\nOffice of Pipeline Safety\n\n<<<PAGE 2>>>\n\nPortal Pipe Line Company\nP.O. Drawer “L”\nMinot, North Dakota 58701\nJune 4, 1974\nMr. Joseph C. Caldwell, Director\nOffice of Pipeline Safety\nThe Secretary of Transportation\nWashington, DC 20590\nDear Mr. Caldwell:\nPortal Pipe Line Company operates an inter-state common carrier crude oil pipe line system extending from\nnortheastern Montana, across North Dakota and a portion of Minnesota.\nWhen the Portal pipeline system was installed in 1962, the facility was entirely in a rural area. At the present\ntime, the construction of a shopping center is being planned on a piece of property also crossed by Portal's 16\"\ncrude pipeline. Section 195.210 sets forth minimum requirements for the construction of new pipeline\nsystems or the relocating or replacing of existing systems in relation to industrial buildings. What authority, if\nany, is either set forth or implied to give a company such ours the right to restrict the construction of a facility\nwhich would place it's system in non-compliance with Section 195.210 or any sub-part or section of Part 195.\nIn other words, what legal authority, if any, does a pipeline company have to prevent a third party from\nconstructing any facility which would place said company in non-compliance with any sub-part or section of\nPart 195.\nAs construction of the shopping center is planned for the near future, would greatly appreciate a prompt\nreply.\nSincerely,\nMark Nicholas\nManager","truncated":false,"body_characters":2387}