Interpretation Response #PI-80-005 ([Witherspoon, Kelley, Davenport & Toole] [Duane M. Swinton])
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Response Publish Date:
Company Name: Witherspoon, Kelley, Davenport & Toole
Individual Name: Duane M. Swinton
Location State: WA Country: US
View the Interpretation Document
Response text:
Mr. Duane M. Swinton
Witherspoon, Kelley, Davenport & Toole
Attorneys & Counselors
11th Floor Old National Bank Building
Spokane, Washington 99201
Dear Mr. Swinton:
This letter is in reply to your letter dated August 2, 1979, requesting an interpretation of Sections 195.248 and 195.410. The enclosed pipeline safety regulatory interpretation gives the information you requested. Although we find that the sign markings are not in compliance with Section 195.410, another office within the Materials Transportation Bureau, the Office of Operations and Enforcement, is responsible for enforcing the regulations and any enforcement action that might be taken will come from that office.
Sincerely,
'signed'
Cesar DeLeon Associate Director
for Pipeline Safety Regulation
Materials Transportation Bureau
Enclosure
DATE: February 1, 1980
DEPARTMENT OF TRANSPORTATION
PIPELINE AND HAZARDOUS MATERIALS SAFETY ADMINISTRATION
MATERIALS TRANSPORTATION BUREAU PIPELINE SAFETY REGULATORY INTERPRETATION
Note: A pipeline safety regulatory interpretation applies a particular rule to a particular set of facts and circumstances, and, as such, may be relied upon only by those persons to whom the interpretation is specifically addressed.
SUBJECT: Cover over buried pipeline and wording of pipeline marker.
As given in letter dated August 2, 1979, from Witherspoon Kelley, Davenport & Toole.
"The Chevron Pipeline Company constructed a pipeline in 1950. The line was buried at an unknown depth in loose soil subject to drifting and blowing. At the time of construction, the land was owned by the U.S. Government. The land is currently owned by a private individual who purchased the land in 1964. The pipeline runs parallel to a railroad track and under an unimproved limited access road which is used occasionally by the landowner for access to his field, by the railroad company, and by fishermen for access to a nearby river."
"Recently, a construction company attempted to grade the road to gain better access to house being constructed on adjacent property. The driver of the construction company's road grader walked along the road and saw the marker of Chevron Pipeline Company."
"The sign was approximately 8 1/2 inches high by 13 1/2 inches long and consisted of words in blue letters with an orange background. The words 'Notice Petroleum Pipelines' were on the sign in all capital letters one inch high. Below the words 'Notice Petroleum Pipelines' were the words:
'Before Digging in this Vicinity call collect Chevron Pipeline Company 801©359©3098, Salt Lake City, Utah' in letters approximately 1/2 inch high."
"The driver of the grader did not call the number as instructed on the sign. Had he called the dispatcher is Salt Lake City, the dispatcher would have notified the area supervisor who is then instructed to send Chevron personnel to the location where the construction is to occur to locate the lines for digging. Because the dispatcher was not called, the line was ruptured by the road grader, resulting in extensive damage to the neighboring farm and loss of Chevron fuel product.
Following the accident, it was determined that the road grader had removed approximately one to two feet to soil from above the ruptured pipeline before striking it."
Question: Is the cover over the buried line in compliance with 195.248 and is the wording on the pipeline marker in compliance with 195.410? Are these the first Federal regulations adopted concerning these matters?
Interpretation: Compliance with 195.248 is not required because this section applies only to pipelines constructed after October 4, 1969, whereas the pipeline was constructed in 1950. The sign markings do not contain the word "Warning" and are therefore not in compliance with 195.410. These are the first Federal regulations adopted concerning these matters.
'signed'
Cesar DeLeon
Associate Director for Pipeline Safety Regulation
Materials Transportation Bureau