Memo: Internal — Pipeline Safety Interpretation

Page 1August 13, 1980 SUBJECT: Interpretation of Section 195.436 FROM:Associate Director for Pipeline Safety Regulation, DMT-30 TO: Edward J. Ondak Chief, Central Region, DMT-14 Your memorandum dated May 9, 1980, requested an interpretation of the security requirements of Section 195.436. Attached is the interpretation you requested. /signed/ Melvin A. Judah Attachment DB C:\WP51\INTERPRT\195\436\80-08-13 1#

Page 2No. 80-10 Date: August 13, 1980 DEPARTMENT OF TRANSPORTATION RESEARCH AND SPECIAL PROGRAMS ADMINISTRATION MATERIALS TRANSPORTATION BUREAU _________________________________________________________________ PIPELINE SAFETY REGULATORY INTERPRETATION _________________________________________________________________No te:A pipeline safety regulatory interpretation applies a particular rule to a particular set of facts and circumstances, and, as such, may be relied upon only by those persons to whom the interpretation is specifically addressed. SECTION: 195.436 SUBJECT: Interpretation of Section 195.436 FACTS: Your memorandum dated May 9, 1980, requested an interpretation concerning section 195.436. You gave a situation with a tank farm in a rural setting, with a hard surface road paralleling the front side of the tank farm, and with no surveillance or monitoring equipment installed to detect unauthorized entry. Question: (1) Will either of the following fences meet the requirements of section 195.436? (a) A four strand, barbed wire fence surrounding the perimeter. (b) A four strand, barbed wire fence on three sides bounded by farm land with an eight-foot chain link fence on the front side of the tank farm. (2) Will hourly inspections of the tank farm facilities meet the requirements of ?195.436? Interpretations: The intent of section 195.436 is to provide security from vandalism and entry by unauthorized persons. Although fencing is not necessarily required, one of the ways to comply with this regulation would be to construct a fence adequate to protect the facility from vandalism and unauthorized DB C:\WP51\INTERPRT\195\436\80-08-13 2#

Page 3entry. A barbed wire fence is generally used to control livestock, but would not deter entry by unauthorized persons. Hence, neither of the fencing options you listed would meet the requirements of the regulation. Likewise, hourly inspections will not deter unauthorized entry or prevent vandalism and, therefore, will not meet the requirements of ?195.436. signed Melvin A. Judah Acting Associate Director for Pipeline Safety Regulation Materials Transportation Bureau DB C:\WP51\INTERPRT\195\436\80-08-13 3#