{"operation":"document","citation":"PI-76-069","title":"F. Lucille Nesbit — Pipeline Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1976-10-22","effective_on":null,"summary":"PI-76-069 concerning 195.210.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-76-069.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-76-069.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-76-069","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/Pipeline/1976/PI76069.pdf","body":"<<<PAGE 1>>>\n\nOctober 22, 1976\nMs. F. Lucille Nesbit\n7931 Carter Road\nNorthfield, OH 44067\nDear Ms. Nesbit:\nThis responds to your letter of September 22, 1976, concerning\nthe property which you wish to sell for a homesite and the\npossible restrictions to building within some fixed distance from\na petroleum pipeline that is owned by and operated by the Laurel\nPipeline Company.\nDuring a telephone conversation on October 8, 1976, with Mr. Paul\nCory of this Office, you stated that the zoning board had adopted\nthe restriction set forth in Title 49, Code of Federal\nRegulations (CFR), Part 195, Section 195.210(b), \"No pipeline may\nbe located within 50 feet of any private dwelling, or any\nindustrial building, or place of public assembly in which people\nwork, congregate, or assemble, unless it is provided with at\nleast 12 inches of cover in addition to that prescribed in\n195.248.\" The zoning board has interpreted this to mean that\nbuildings could not be constructed within 50 feet of an existing\npetroleum piping. This is not the intent of this regulation.\nThere is no restriction in Part 195 on the distance between a\nbuilding and a pipeline. Section 195.210 merely sets the\nrequirement for additional cover that must be provided if a\npipeline is being installed within 50 feet of certain types of\nlocations.\nThis agency regulates the safety of interstate petroleum\npipelines under the Transportation of Explosives Act (18 U.S.C.\n831-835). Regulations governing the design, construction,\noperation, and maintenance of petroleum pipelines are contained\nin 49 CFR Part 195. These regulations are intended to prevent\ndamage to persons and property from pipeline leaks.\nThe Act does not authorize the prescribing of a particular route\nor location for a pipeline. In fact, except in regard to the\nlicensing of pipelines crossing Federal lands or navigable\nwaterways, handled respectively by the Department of the Interior\nand the U.S. Army Corps of Engineers, no Federal agency makes\nrouting determinations for petroleum pipelines. Routing may,\nhowever, be subject to State or local controls.\nThere is a regulation of the Department of Housing and Urban\nDevelopment (HUD) that does not allow HUD-Federal Housing\nAdministration to insure mortgages on residences that are built\ndal\\195\\210\\76-10-22\n1\n\n<<<PAGE 2>>>\n\ncloser than 10 feet from an easement for a liquid or gas\npipeline. This is covered in HUD Minimum Property Standards,\nSection 4900.1 - Volume I - Single Family Housing.\nThank you for your interest in pipeline safety.\nSincerely,\nCesar DeLeon\nActing Director\nOffice of Pipeline\nSafety Operations\ndal\\195\\210\\76-10-22\n2\n\n<<<PAGE 3>>>\n\nSeptember 22, 1976\nHazardous Regulation Board\nDept. of Transportation\nWashington, D.C. 20590\nDear Sirs:\nWe own 2.1 acres of property which we wish to sell. The\nLaurel Pipe Line of 469 Moon Clinton Rd, Coropolis, Pa, 15108 -\nphone 412-264-7432 - have an easement across a small portion of\nthis lot. We need to know how far from this easement a 2 tank\nSeptic system can be built and how far from this line the house\nstructure can be placed.\nAt the point of building the lot is 161.37 feet deep.\nZoning ordinances require 100 feet set back from rd. center and\n50 feet from rear lot line.\nWe have requested a 70' set back or in other words a 30'\nfront variance. The Board of appeals has attempted to give a\nrear variance, but were advised by a remote neighbor that the\nFederal law would prohibit a septic system at rear of house. we have a copy of your document which states how far from rear\nlot line a septic system would need to be.\nThe pipes are approximately 18-24 inches under ground and\nare high power lines.\nYou may contact Laurel Pipeline Company at office of:\nMr. J.B. Schopmeyer\n469 Moon Clinton Rd\nCoropolis, Pa 15108\nphone-412-264-7432\nMay\nYours sincerely,\nF. Lucille Nesbit\n7931 Carter Rd.\nNorthfield, Ohio 44067\nPhone-216-467-9599\nAn answer within 1 wk's time would be helpful.\ndal\\195\\210\\76-10-22\n3","truncated":false,"body_characters":3958}