Interpretation Response #PI-77-013
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
May 1, 1977
Mr. N. W. Coomes
Division of Design
Department of Transportation
Frankfort, Kentucky 40601
Dear Mr. Coomes:
This is response to your letter of March 25, 1977, in which you describe a proposal to enlarge a highway right-of-way which is located over an existing gas pipeline. Your specific question is whether the Federal gas pipeline safety standards would require upgrading or encasing those portions of the existing pipeline which lie within the limits of the proposed new right-of-way.
Section 192.111 of the Federal standards sets forth design requirements applicable to upgrading or encasing a new pipeline which is constructed across a highway right-of-way. However, in accordance with Section 192.13, these requirements are not intended to apply conversely to an existing pipeline when a new right-of-way is established over the pipeline unless the pipeline is replaced, relocated, or otherwise changed in conjunction with establishment of the new right-of-way.
Since your letter indicates that the pipeline in question would not be disturbed as a result of the new right-of-way, it appears that the operator of the pipeline, Midwestern Gas Transmission Co., would not be required to take any action under Section 192.111.
In addition to Section 192.111, Sections 192.613 and 192.703(b) may also apply to the situation of establishing a new highway right-of-way over an existing pipeline. These sections require that when the operator of a pipeline knows that an unsafe condition exists involving the pipeline, the operator must take appropriate remedial action. This action might include encasing or upgrading the pipeline or any other appropriate action. In the absence of information about the intended use or construction involving the new right-of-way, we do not have an opinion whether the right-of-way may result in an unsafe condition for the pipeline.
If you need additional information on this subject, we suggest that you contact the Kentucky Public Service Commission which acts as our agent in enforcing the Federal standards against operators of interstate gas transmission lines in Kentucky.
I trust this satisfactorily responds to your inquiry.
Office of Pipeline
|§ 192.111||Design factor (F) for steel pipe|