USA Banner

Official US Government Icon

Official websites use .gov
A .gov website belongs to an official government organization in the United States.

Secure Site Icon

Secure .gov websites use HTTPS
A lock ( ) or https:// means you’ve safely connected to the .gov website. Share sensitive information only on official, secure websites.

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

Interpretation Response #PI-80-012 ([Memo: Internal])

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

Interpretation Response Details

Response Publish Date:

Company Name: Memo: Internal

Individual Name:

Country: US

View the Interpretation Document

Response text:

SUBJECT: Interpretation of Section 195.436

FROM:Associate Director for Pipeline Safety Regulation, DMT-30

TO: Edward J. Ondak

Chief, Central Region, DMT-14

Your memorandum dated May 9, 1980, requested an interpretation of the security requirements of Section 195.436.

Attached is the interpretation you requested.

/signed/

Melvin A. Judah

Attachment

 

DEPARTMENT OF TRANSPORTATION

RESEARCH AND SPECIAL PROGRAMS 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.

SECTION: 195.436

SUBJECT: Interpretation of Section 195.436

FACTS: Your memorandum dated May 9, 1980, requested an interpretation concerning section 195.436. You gave a situation with a tank farm in a rural setting, with a hard surface road paralleling the front side of the tank farm, and with no surveillance or monitoring equipment installed to detect unauthorized entry.

Question:

  1. Will either of the following fences meet the requirements of section 195.436?
    1. A four strand, barbed wire fence surrounding the perimeter.
    1. A four strand, barbed wire fence on three sides bounded by farm land with an eight-foot chain link fence on the front side of the tank farm.
  2. Will hourly inspections of the tank farm facilities meet the requirements of §195.436?

Interpretations: The intent of section 195.436 is to provide security from vandalism and entry by unauthorized persons. Although fencing is not necessarily required, one of the ways to comply with this regulation would be to construct a fence adequate to protect the facility from vandalism and unauthorized entry. A barbed wire fence is generally used to control livestock, but would not deter entry by unauthorized persons. Hence, neither of the fencing options you listed would meet the requirements of the regulation. Likewise, hourly inspections will not deter unauthorized entry or prevent vandalism and, therefore, will not meet the requirements of §195.436.

signed

Melvin A. Judah

Acting Associate Director for

Pipeline Safety Regulation

Materials Transportation Bureau

Regulation Sections