{"operation":"document","citation":"PI-72-041","title":"Texas Eastern Transmission Corporation — Pipeline Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1972-10-13","effective_on":null,"summary":"PI-72-041 response to Texas Eastern Transmission Corporation concerning 195.248.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-72-041.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-72-041.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-72-041","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/Pipeline/1972/PI72041.pdf","body":"<<<PAGE 1>>>\n\nMr. Joseph Sallak\nR1 Box 85\nDyer, Indiana 46311\nDear Mr. Sallak:\nThis is in response to your letter of September 18, 1972,\nrequesting that we review again the situation involving the cover\ndepth of the Texas Eastern Transmission Corporation pipeline\nadjacent to your home.\nIn our letter of September 14, 1972, we advised you that, upon\nreview of all the information available, the location involved is\nnot considered to be a \"residential area\" as that term is used in\nSection 195.248, and there does not appear to be a violation of the\nFederal safety standards with regard to the cover requirements of\n49 CFR, Part 195.\nYour letter of September 18, 1972, has furnished the added\ninformation that your home is zoned residential and is inside the\ncity limits of Dyer. While these are factors to be considered in\ndetermining whether a specific location is a \"residential area\"\nwithin the meaning of Section 195.248, such factors are not\ncontrolling. Inclusion within city limits does not indicate the\nuse to which the land is or will be put, and many city limits now\nencompass large rural areas. Neither does zoning reflect the\ncurrent use of land but rather determines the local standards to be\napplied for design of building and the use to which the building\nmay be put in future development of the land. Development of a\nrural area, as contemplated in a zoning designation, may come far\nin the future or may never be accomplished.\nWith respect to Section 195.248, on the other hand, the various\nlocations there listed reflect existing situations which are\nencountered by a constructor while building a pipeline. Since the\npipeline company in subject to the Federal regulations effective at\nthe time of construction, the cover depths, corresponding to the\nactual location through which the line is going, constitute the\nstandards to which the constructor is held.\nAs you have requested, we have reviewed all the available\ninformation. The sketch and photographs furnished by the Indiana\nPublic Service Commission show a residence across the road while\nthe nearest residence to the West is approximately 528 feet and, to\nthe East, 1056 feet. The land otherwise is termed rural in nature\nand is shown as agricultural. We are, therefore, unable to\nconclude that the location in question is a \"residential area\" for\npurposes of Section 195.248.\nDB\nC:\\WP51\\INTERPRT\\195\\248\\72-10-13\n1\n\n<<<PAGE 2>>>\n\nBased upon the foregoing considerations, we must affirm our letter\nto you of September 14, 1972, and restate that there does not\nappear to be a violation of the cover requirements contained in 49\nCFR, Part 195.\nSincerely,\n/signed/\nJoseph C. Caldwell\nDirector\nOffice of Pipeline Safety\nDB\nC:\\WP51\\INTERPRT\\195\\248\\72-10-13\n2","truncated":false,"body_characters":2731}