Interpretation Response #PI-73-013 ([United States Senate] [Honorable Russell B. Long])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: United States Senate
Individual Name: Honorable Russell B. Long
Location State: DC Country: US
View the Interpretation Document
Response text:
June 15, 1973
Honorable Russell B. Long
United States Senate
Washington, DC 20510
Dear Senator Long:
Your inquiry of May 14, 1973, to Director, Legislative Liaison,
Department of Transportation, has been referred to this office
for reply.
That inquiry referred to a letter from Lt. Colonel Henry D.
Doiron, USA Retired, concerning building a small pond on his
property in Clacasieu/Jeff Davis Parish, Louisiana.
The problem arises because of an exiting pipeline crossing the
area of the proposed pond. The pipeline company has informed
Colonel Doiron that "the Department of Transportation
Regulations" state that if a pipeline is inundated for a distance
of 100 feet a valve has to be installed in the pipeline. This
can become very expensive and you would be expected to bear the
cost.
Section 195.260(e) of the Federal liquid pipeline safety
regulations (49 CF 195.260(e)) requires a valve to be installed "On each side of a water crossing that is more than 100 feet wide
from high-water mark to high-water mark...." However, as stated
in Section 195.200, that requirements is applicable only to the
construction of new pipeline systems with steel pipe, or for
relocating, replacing, or otherwise changing existing pipeline
systems that are constructed with steel pipe. Thus, unless this
pipeline will be relocated, replaced, or otherwise changed,
Section 195.260(e) does not pertain to the construction of
Colonel Doiron's pond.
Even though Part 195 may not mandate changes to the pipeline, we
suggest that the following steps should be taken. Before
construction begins on this ponds, the integrity of the pipeline
should be evaluated. That evaluation should include
consideration of the present condition of the pipeline, the
design and installation methods used at its installation, and the
anticipated effects of the new environment on the pipeline, which
are particularly important due to the possibility of
contamination of the pond. We suggest that Colonel Doiron take
no action toward actual construction of the proposed pond until
this matter is resolved.
If additional work is required on the pipeline because of the
construction of the pond, all necessary arrangements including
the matter of expense incurred will have to be determined between
the parties in conformity with local law.
Such matters are not encompassed within the safety jurisdiction of this Department.
Enclosed is a copy of 49 CFR, Part 195 covering the safety
regulations for liquid pipeline carriers.
If we may be of any further assistance to you in this matter,
please call on us.
Sincerely,
Joseph C. Caldwell
Director
Office of Pipeline Safety
Enclosure