Interpretation Response #PI-71-0104 ([Office of the City Attorney] [Mr. Lawrence E. Christenson])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Office of the City Attorney
Individual Name: Mr. Lawrence E. Christenson
Location State: KS Country: US
View the Interpretation Document
Response text:
PI-71-0104
March 18, 1971
Mr. Lawrence E. Christenson
City Attorney
Office of the City Attorney
200 E. 9th Avenue
Winfield, Kansas 67516
Dear Mr. Christenson:
This is in reply to your letter of February 12, 1971, concerning building of housing units near a 175 pound, high pressure gas line in the city of Winfield, Kansas.
Our authority, under the Natural gas Pipeline Safety Act of 1968, extends only to transportation of gas, and does not extend to control of housing, zoning or local land use. The only exercise of Federal authority with regard to the proximity of housing to pipelines is related to the insuring of mortgages by the Federal Housing Administration in the Department of Housing and Urban Development. I suggest you write that agency if you wish further information on its regulations.
However, it should be noted that under the minimum Federal Safety Standards, a copy of which has been sent to you, the class location of a pipeline is determined by the number of buildings in the class location unit, after applying the criteria set forth in section 192.5. a change in class location my require certain additional safety measures. For example, section 192.705 requires that class location be considered in determining the frequency of patrolling a transmission pipeline to observe surface conditions on and adjacent to the right of way, of indications of leaks and other factors affecting safety and operation. Section 192.721 and 192.723 require that the frequency of patrolling mains and the type and scope of leakage control programs be determined by local conditions and consequent hazards to public safety.
Finally, in response to your inquiry as to whether section 192.625 of the minimum Federal Safety Standards, concerning odorization of gas, was in effect at the time of a gas explosion in Winfield on October 28, 1969, we call your attention to the fact that these regulations were not issued until August 11, 1970. However, Interim Minimum Federal Safety Standards for the Transportation of Gas for each State were issued on November 7, 1968, by adopting the state standards which were in effect on August 12, 1968, (49 CFR, part 190). By section 190.5(c) of the interim standards, the standards adopted for Kansas were section 1, 2, and 7 and so much of section 8 applies to section 7 of the Rules and Regulations Relating to Standards of Quality, Pressure, Accuracy of Measurement, Safety and Service of natural Gas in the state of Kansas, Docket 34, 856-U. Paragraph 703 of section 7 of those rules and regulations provided for odorization of any gas distributed to customers through gas mains or gas services, or used for domestic purposes in compressor plants.
If you need further assistance, please let us know.
Sincerely,
Original signed by:
Joseph C. Caldwell
Director, Acting
Office of Pipelines Safety
Regulation Sections
| Section | Subject |
|---|---|
| 192.5 | Class locations |