{"operation":"document","citation":"PI-77-003","title":"North Carolina Natural Gas Corporation — Pipeline Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1977-01-26","effective_on":null,"summary":"PI-77-003 response to North Carolina Natural Gas Corporation concerning 192.613.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-77-003.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-77-003.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-77-003","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/Pipeline/1977/PI77003.pdf","body":"<<<PAGE 1>>>\n\nJanuary 26, 1977\nMr. Arthur P. Gnann, Jr.\nVice President, Operations\nNorth Carolina Natural\nGas Corporation\nDrawer 909\nFayetteville, North Carolina 28302\nDear Mr. Gnann:\nThis responds to your letter of December 1, 1976, regarding the construction of a paved roadway\nand other utility services over a 4-inch gas transmission line and the resulting reduction in ground\ncover over the pipeline.\nSeveral questions are asked which in general relate to the applicability of the Federal gas pipeline\nsafety standards, 49 CFR Part 192, or other Federal laws to persons other than the operator of a\ngas pipeline.\nFirst, while a paved roadway may be considered a \"structure\" as that term is used under Section\n192.327(c), that section of the safety standards does not appear applicable to your situation.\nSection 192.327 prescribes minimum cover requirements which must be met when a pipeline is\nreadied for service or replaced, relocated, or otherwise changed. The rule does not have\ncontinuing legal effect thereafter, and once cover is installed, it need not be maintained in\naccordance with §192.327. However, if cover over an existing pipeline is eroded or otherwise\nremove, as by grading, an operator who knows of the reduction in cover is required by Sections\n192.613 and 192.703 to consider the effect of the loss of cover on the safety of the pipeline and\ntake appropriate remedial action if necessary.\nThe Federal gas pipeline safety standards are enforceable only against persons who own or\noperate pipelines and do not apply to third parties or outside contractors who may interfere with a\npipeline, such as by construction of a roadway. We are not familiar with Federal laws relating to\nroad construction, and do not now whether such construction is prohibited or limited by those\nlaws.\nBasically, under 49 CFR Part 192, operators are required to take whatever remedial action is\nnecessary to operate and maintain their pipeline systems in accordance with the safety standards.\nRefusal or inability of persons other than the operator to correct unsafe situations which they have\ncreated on an operator's pipeline does not relieve the operator of its responsibility for compliance\nwith Part 192.\ndal\\192\\613\\77-01-26\n1\n\n<<<PAGE 2>>>\n\nWe believe that a solution to your compliance problem may involve determining the extent of\nyour right under common law regarding the 4-inch transmission line and possibly legal action to\nenforce those rights.\nSincerely,\n\\signed\\\nCesar DeLeon\nActing Director\nOffice of Pipeline\nSafety Operations\ndal\\192\\613\\77-01-26\n2\n\n<<<PAGE 3>>>\n\nNORTH CAROLINA NATURAL GAS CORPORATION\nDecember 1, 1976\nMr. Cesar DeLeon\nAssistant Director\nOffice of Pipeline Safety Operations\nDepartment of Transportation\nWashington, D.C. 20590\nDear Mr. DeLeon:\nNorth Carolina Natural Gas Corporation, (NCNG) is a public utility serving natural gas to\na number of communities in Eastern North Carolina through a system of transmission lines.\nIn the suburbs of Greenville, North Carolina, an apartment project owner and contractor,\nwithout notice to NCNG, commenced the construction of a paved roadway and other utility\nservices over our 4\" transmission pipeline serving Washington, North Carolina, which normally\noperates at pressures up to 500 psi.\nPrior to construction our pipeline had a minimum cover of about 33 inches and a\nmaximum cover of 39 inches. The owner and contractor has reduced this ground cover by\ngrading to a minimum of 18 inches and a maximum of about 30 inches along the 900 foot length\nof the construction presently underway.\nNegotiations with the owner and contractor to relocate the roadway and to stop removal\nof the ground cover from the pipeline have proved completely fruitless.\nIn support of our continuing efforts to resolve this problem, I would appreciate an\nexpression of the position of the Office of Pipeline Safety Operations on the following questions:\n1. Is a paved road considered to be a structure?\n2. What Federal Regulations, Rules or Statutes, if any, prohibit the construction of a\npaved roadway running parallel with and over a transmission pipeline? If same is\nnot prohibited, are there any Federal restrictions or limitations regulating the\nconstruction of such a roadway?\n3. Do Federal Statutes, Rules or Regulations prohibit removal by third parties of\nground cover over a transmission pipeline that was originally laid to specifications?\ndal\\192\\613\\77-01-26\n3\n\n<<<PAGE 4>>>\n\n4. Do prohibitions and safety requirements of the Federal Gas Pipeline Safety\nRegulations in Title 49 of the Code of Federal Regulations, Part 191 and 192 apply\nto the third party contractors; and are same enforceable against third parties\ninterfering with the efforts of a transmission company such as NCNG to enforce\nthe provisions of said Federal Code?\nThe answers to the questions above and any other legal interpretations of the Federal\nCode and its enforcement as may be applicable in this matter of third party interference are very\nimportant to our effort to operate and maintain our system in a manner that is not detrimental to\nthe public safety.\nYour prompt reply will be greatly appreciated.\nYours very truly,\n\\signed\\\nArthur P. Gnann, Jr.\nVice President, Operations\ndal\\192\\613\\77-01-26\n4","truncated":false,"body_characters":5248}