{"operation":"document","citation":"PI-79-019","title":"John Parker — Pipeline Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1979-06-20","effective_on":null,"summary":"PI-79-019 concerning 192.13, 192.317, 192.707.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-79-019.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-79-019.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-79-019","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/Pipeline/1979/PI79019.pdf","body":"<<<PAGE 1>>>\n\nMr. John Parker\nAttorney at Law\nClinton, North Carolina 28238\nDear Mr. Parker:\nThis responds to your letter of May 14, 1979, asking several questions with regard to 49 CFR\nPart 192.\nQuestion 1. Are pipelines that were in existence before the effective date of this act\nsubject to the maintenance, repair, and operations requirements of Section 192?\nAnswer 1. On November 12, 1970, the maintenance, repair, and operations requirements\nof Part 192 became effective with regard to all new and then existing gas pipelines in or\naffecting interstate commerce. (35 FR 13257)\nQuestion 2. If so, are there any regulations or rules in reference to Section 192.707\nentitled \"Transmission lines: Markers\" requiring an operator to maintain such markers by\nkeeping shrubbery and grass cut away from such markers in order that they may be\nvisible?\nAnswer 2. Section 192.707(a) provides that each pipeline marker that is required to ne\ninstalled must be \"maintained\". Although specific criteria for maintenance are not set\nforth, under this general maintenance requirement, markers must be kept free of obscuring\nvegetation if they are to help identify the location of pipelines, which is the purpose of\nSection 192.707.\nQuestion 3. In your opinion, would the term \"other hazards\" in Section 192.317(a)\ninclude the preparation for drainage of agricultural fields in which a gas line had been laid\nprior to the enactment of Section 192?\nAnswer 3. Section 192.317(a) is a construction requirement that, in accordance with\nSection 192.13, applies to new pipelines readied for service after March 12, 1971, or to\nexisting pipelines that are replaced, relocated, or otherwise changed after November 12,\n1970.\nFrom your question, it appears that the field preparation took place near a pipeline that\nwas laid prior to November 12, 1970, and that the pipeline has not subsequently been\nDB\nC:\\WP51\\INTERPRT\\192\\707\\79-06-20\n1\n\n<<<PAGE 2>>>\n\nreplaced, relocated, or otherwise changed. If so, Section 192.317(a) would not apply to\nthe pipeline. If this section were applicable to the pipeline, the field preparation would\ncome within the meaning of \"other hazards\" if at the time of construction of such an event\nand that the event could cause the pipeline to move or to sustain abnormal loads.\nSincerely,\nCesar De Leon\nAssociate Director for\nPipeline Safety Regulation\nMaterials Transportation Bureau\nDB\nC:\\WP51\\INTERPRT\\192\\707\\79-06-20\n2","truncated":false,"body_characters":2429}