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Interpretation Response #PI-73-024


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

Interpretation Response Details

Response Publish Date: 09-05-1973
Company Name: State Corporation Commission    Individual Name: John A. Elliott
Location state: NM    Country: US

View the Interpretation Document


Response text:

Mr. John A. Elliott, Director
Pipeline Division
State Corporation Commission
Santa Fe, New Mexico 87501

Dear Mr. Elliott:

This is in response to your letter dated August 10, 1973 regarding §192.5, 49 CFR.

Your particular question is:

"Would a trail system such as proposed by the Bureau of Outdoor Recreation cause a change in class location when all or a portion of a trail paralleled a natural gas pipeline right-of-way? It is my understanding that the trails could be used by motorcycles, bicycles, horses, dune buggies, snowmobiles, etc. I am specifically referring to Section 192.5(d)(2)(ii) 'A Class 3 location is ...a small, well-defined outside area that is occupied by 20 or more persons during normal use, such as a playground, recreation area, outdoor theater, or other place of public assembly.'"

Although a trail system as you have described bears some resemblance to a "small, well-defined outside area that is occupied by 20 or more people." it differs in a number of significant aspects.

In particular, it appears that a trail used by motorcycles, bicycles, horses, ect. would not be occupied by 20 or more people in a small and well-defined area at the same time.

Furthermore, such a trail system would not be basically similar to a playground, recreation area, outdoor theater, or other place of public assembly.

Therefore, the trail system as you have described would not require a change in class location when all or a portion of a trail paralleled a natural gas pipeline right-of-way.

We trust that this has answered your particular question. If we can be of further assistance, please let us know.

Sincerely,

/signed/
Joseph C. Caldwell
Director
Office of Pipeline Safety


Regulation Sections

Section Subject
§ 192.5 Class locations