Interpretation Response #PI-78-014 ([County of Harris] [Mr. Richard P. Doss])

Below is the interpretation response detail and a list of regulations sections applicable to this response.

Interpretation Response Details

Response Publish Date: 05/24/1978

Company Name: County of Harris

Individual Name: Mr. Richard P. Doss

Location State: TX Country: US

View the Interpretation Document

Response text:

Mr. Richard P. Doss

County Engineer

County of Harris

1115 Congress Street

Houston, Texas 77002

Dear Mr. Doss:

This is in further response to your letter of February 27, 1978, to Mr. Robert F. Aubry, Chief,
Southwest Region, concerning the crossing of county highways by gas pipelines.
Your letter states that placement of line markers in accordance with 49 CFR 192.707 at highway
crossings at locations other than highway right-of-way lines creates difficulties in mowing and in
maintaining roadway shoulders. In this regard, you ask whether a County Order which, among
other things, requires markers at right-of-way lines, qualifies under Section 192.707(b) as a
"program for preventing interference with underground pipelines" that would exempt pipelines in
Class 3 and Class 4 locations from the Section 192.707 line marking requirement.

We have reviewed the County Order and find that it does not establish a "program" that would
entitle gas pipelines to an exemption under Section 192.707(b). The "program" contemplated by
Section 192.707(b) is one, such as the commonly referred to "one-call system," which serves as
an alternative to line marking. A qualified program compels both pipeline operators and
construction contractors to cooperate in carefully identifying the location of underground
pipelines before construction activities may begin. In contrast, the County Order does not contain
these features. It is written more to protect the highway against the possible hazards of a pipeline
crossing than to protect the pipeline from damage by further construction activities at the
crossing. Although the requirement for placement of line markers at right-of-way boundaries
does offer protection against unintended interference, it is not a "program" which serves as an
alternative to line marking within the meaning of Section 192.707(b).

For most normal rights-of-way, it seems that placement of markers at each right-of-way should
meet the requirements of Section 192.707. In some cases, however, markers at right-of-way lines
may not meet the intent of Section 192.707 if they do not definitively identify the location of the
pipeline, or are too far removed from the actual road crossing or potential sites for excavation, to
serve any useful purpose in warning an excavator of the presence of an underground pipeline.

In such cases, we believe that your problem could be resolved if the County were to discuss it
with pipeline operators and suggest ways to install markers which do not interfere with mowing
and shoulder maintenance but still meet the line marking requirements of Section 192.707.

Sincerely,

Cesar De Leon

Associate Safety Regulation

Materials Transportation Bureau

Regulation Sections