Interpretation Response #PI-73-024
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
Mr. John A. Elliott, Director
State Corporation Commission
Santa Fe, New Mexico 87501
Dear Mr. Elliott:
This is in response to your letter dated August 10, 1973 regarding §192.5, 49 CFR.
Your particular question is:
"Would a trail system such as proposed by the Bureau of Outdoor Recreation cause a change in class location when all or a portion of a trail paralleled a natural gas pipeline right-of-way? It is my understanding that the trails could be used by motorcycles, bicycles, horses, dune buggies, snowmobiles, etc. I am specifically referring to Section 192.5(d)(2)(ii) 'A Class 3 location is ...a small, well-defined outside area that is occupied by 20 or more persons during normal use, such as a playground, recreation area, outdoor theater, or other place of public assembly.'"
Although a trail system as you have described bears some resemblance to a "small, well-defined outside area that is occupied by 20 or more people." it differs in a number of significant aspects.
In particular, it appears that a trail used by motorcycles, bicycles, horses, ect. would not be occupied by 20 or more people in a small and well-defined area at the same time.
Furthermore, such a trail system would not be basically similar to a playground, recreation area, outdoor theater, or other place of public assembly.
Therefore, the trail system as you have described would not require a change in class location when all or a portion of a trail paralleled a natural gas pipeline right-of-way.
We trust that this has answered your particular question. If we can be of further assistance, please let us know.
Joseph C. Caldwell
Office of Pipeline Safety