{"operation":"document","citation":"PI-81-004","title":"Memo: Internal — Pipeline Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1981-03-19","effective_on":null,"summary":"PI-81-004 response to Memo: Internal concerning 192.3.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-81-004.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-81-004.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-81-004","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/Pipeline/1981/PI81004.pdf","body":"<<<PAGE 1>>>\n\nSUBJECT: INFORMATION: Section 192.707(c) Interpretations\nFROM: Melvin A. Judah\nActing Associate Director for\nPipeline Safety Regulation, DMT-30\nTO: Richard E. Sanders\nPipeline Safety Specialist, DPB-60\nIn your memorandum of February 27, 1981, you requested an interpretation of the term\n\"accessible to the public\" in section 192.707(c), and whether certain situations involving district\nregulator stations and other facilities would be subject to the rule.\nSection 192.707(c) provides:\n\"Pipelines aboveground. Line markers must be placed and maintained along each section\nof a main and transmission line that is located aboveground in an area accessible to the\npublic.\"\nUnder the definitions in section 192.3, a \"regulator station\" and the other facilities to which you\nreferred are included within the meaning of \"pipeline\" and the terms \"transmission line\" and\n\"main\". Thus, these facilities must be marked if they are located aboveground in an area\naccessible to the public. By letter dated July 15, 1976, we issued an interpretation to Cities\nService Gas Company which provides that an area is \"accessible to the public\" if entrance into the\narea is not physically controlled by the operator or if the area may be entered without difficulty.\nWith regard to your question about how the term \"accessible to the public\" would apply to the\nfive situations given in your memorandum, the descriptions of the situations are insufficient for us\nto make a determination of the application of the regulation. The application of the regulation\ndepends upon all factors relevant to whether an operator exercises physical control or whether an\narea is difficult to enter. These factors can only be ascertained by examination of the site. Two\nfactors to consider are whether the area is adequately fenced and locked or guarded, and if not\nfenced, the remoteness of a facility from areas frequented by the public. These and other relevant\nfactors should be considered by enforcement personnel in applying section 192.707(c) to given\nsituations.\nDB\nC:\\WP51\\INTERPRT\\192\\707\\81-03-19\n1","truncated":false,"body_characters":2086}