{"operation":"document","citation":"PI-76-027","title":"Thomas T. Lentz — Pipeline Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1976-05-25","effective_on":null,"summary":"PI-76-027 concerning 195.210.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-76-027.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-76-027.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-76-027","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/Pipeline/1976/PI76027.pdf","body":"<<<PAGE 1>>>\n\nMr. Thomas T. Lentz\n461 Etter Road\nP.O. Box 203\nMogadore, OH 44260\nDear Mr. Lentz:\nThis is in reply to your letter dated February 24, 1976, to the\nDepartment of Transportation. Your inquiry concerned the distance\nthat a new building must be kept from an existing pipeline.\nThe Office of Pipeline Safety Operations (OPSO) an operational\nelement within the Materials Transportation Bureau, has safety\nregulatory authority for the design, construction, operation, and\nmaintenance of petroleum pipelines.\nA copy of 49 CFR 195, Transportation of Liquids by Pipeline, is\nenclosed for your information and file. Section 195.210(b)\nconcerns the construction of a pipeline relative to private\ndwellings, or any industrial building, or place of public assembly.\nThis ruling is in effect and it applies to the operator for the\nlocation of the pipeline at the time of construction.\nThe rights of a carrier respecting the subsequent use of land\nwithin 50 feet of its pipeline, the use of which is not subject to\nthe carrier's control, are a matter of agreement between the\nparties concerned or local law and are not regulated by 49 CFR Part\n195. The Part 195 regulations do not govern the activities of\nprivate builders.\nOPSO appreciates your interest in pipeline safety.\nSincerely,\n/signed/\nCesar DeLeon\nActing Director\nOffice of Pipeline\nSafety Operations\n\n<<<PAGE 2>>>\n\nFebruary 24, 1976\nTHOMAS T LENTZ\n461 ETTER ROAD\nP.O. BOX 203\nMOGADORE, OHIO 44260\nDEPARTMENT OF TRANSPORTATION\nATTN.. PIPELINE OR PETROLEUM PIPELINE RULES & REGULATIONS\nGOVERNING THEIR OPERATION\nDear Sir:\nI OWN APPROXMATLY 60ACRES OF LAND IN PORTAGE COUNTY, SUFFIELD\nTOWNSHIP, MOGADORE, OHIO WHICH HAS A PETROLEUM HIGH PRESSURE PIPE\nLINE RUNNING THRU IT. THIS PIPE LINE, AND I UNDERSTAND THERE ARE A\nTOTAL OF THREE LAID SIDE BY SIDE IS OWNED BY THE INLAND CORP.\nWHICH IS PART OF THE STANDARD OIL COMPANY SOHIO.\nWHAT I AM TRYING TO DETERMINE IS WHO GOVERNS THESE PIPE LINES?\nIT IS THE PUBLIC UTILITIES COMMISSION OF OHIO OR THE DEPARTMENT OF\nTRANSPORTATION OR THE INTERSTATE COMMERCE COMMISSION? THIS\nPARTICULAR PIPELINE IS DEFINATLY OPERATING BYOND THE BORDERS OF THE\nSTATE OF OHIO SO IT IS MY FIRM BELIEF IT SHOULD BE BOTH THE ICC AND\nTHE DOT. ICC FOR RATES ETC AND THE DOT FOR SAFETY.\nI CALLED ON THE OFFICES OF THIS COMPANY IN AN EFFORT TO\nDETERMINE HOW FAR ONE MUST STAY AWAY FROM THIS PIPELINE TO\nCONSTRUCT A BUILDING OR STRUCTURE AND WAS INFORMED THAT A RECENT\nDOT RULING STATES ONE MUST STAY AT LEAST 50 FEET FROM THIS LINE.\nIS THIS RULING IN EFFECT AND IF NOT THERE SUCH A RULING THAT WILL\nBE IN EFFECT WITHIN A SHORT TIME?\nANY ASSISTANCE YOU CAN GIVE ME WITH THIS MATTER WILL BE\nGREATLY APPRECIATED.\nTHOMAS T. LENTZ","truncated":false,"body_characters":2698}