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U.S. Department of Transportation U.S. Department of Transportation Icon United States Department of Transportation United States Department of Transportation

Interpretation Response #PI-74-0127 ([Portal Pipe Line Company] [Mr. Mark Nicholas])

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

Interpretation Response Details

Response Publish Date:

Company Name: Portal Pipe Line Company

Individual Name: Mr. Mark Nicholas

Location State: ND Country: US

View the Interpretation Document

Response text:

Mr. Mark Nicholas, Manager
Portal Pipe Line Company
P. O. Drawer "L"
Minot, ND  58701

Dear Mr. Nicholas:

Thank you for your letter of June 4, 1974, asking what authority exists for a carrier to restrict construction near its pipeline which would cause the pipeline to be in noncompliance with section 195.210 or other requirements of 49 CFR Part 195.

The statutes and regulations administered by this office do not authorize a carrier to restrict construction near its pipeline.  Any limitation on such construction is a matter for agreement between the parties concerned or local law.

Moreover, construction by a developer near a pipeline, where the carrier is not involved in the construction (e.g., by sale of its right-of-way), would not bring that pipeline within the purview of section 195.210.

We appreciate your interest in pipeline safety.

Joseph C. Caldwell
Office of Pipeline Safety

Regulation Sections

Section Subject
195.210 Pipelines location