Continental Pipe Line Company — Pipeline Safety Interpretation

Page 1PI-74-0122 July 2, 1974 Mr. R. L. Johnson Director of Environmental Affairs and Safety Continental Pipe Line Company P.O. Box 2197 Houston, TX 77001 Dear Mr. Johnson: This refers to your request of June 10, 1974, for advice on guidelines issued by the Federal Aviation Administration which preclude the issuance of waivers from FAR 91.79(c) "Minimum safe altitudes over other than congested areas." We appreciate your concern that the guidelines may reduce the effectiveness of aerial patrols of pipelines conducted in compliance with 49 CFR 195.412(a) if waivers are no longer issued to permit flights below 500 feet. We note, however, that FAR 91.79(c) exempts sparsely populated areas from the 500-foot requirements, except near any person, vessel, vehicle, or structure. This exemption should permit flights below an altitude of 500 feet in many areas where aerial patrols are conducted. Notwithstanding the exemption, we believe flights as high as 500 feet are low enough to satisfy the inspection requirements of §195.412(a). Where a closer inspection is necessary but may not be made by aircraft under FAR 91.79(c), an alterative means of inspection should be used. We trust this adequately responds to your inquiry. Sincerely, Joseph C. Caldwell Director Office of Pipeline Safety#

Page 2Continental Pipe Line Company P.O. Box 2197 Houston, TX 77001 June 10, 1974 Mr. Joseph C. Caldwell Director Office of Pipeline Safety Department of Transportation Washington, D.C. 20590 Dear Mr. Caldwell: We have been advised by a district office of the Federal Aviation Administration that new guidelines issued by the F.A.A. preclude the issuance of waivers of FAR 91.79(c) "Minimum safe altitudes over other than congested areas" to firms performing aerial patrols on pipeline systems. We are sure you can understand the affect such guidelines would have on pipe line companies such as ours in complying with the requirement to inspect our right-of-ways at two week intervals, (195.412(a)). Attached is a copy of our letter to the F.A.A. in which we requested clarification of the guidelines as well as reconsideration of these guidelines. We are also including a copy of a letter from the Billings, Montana District Office of the F.A.A. We would appreciate assistance and advice from your office in our efforts to resolve this matter. Yours very truly, R. L. Johnson#

Page 3Department of Transportation Federal Aviation Administration General Aviation District Office Room 216, Admn Bldg. Billings Logan Internat'l Arpt. Billings, MT 59101 June 3, 1974 Mr. R. L. Johnson Continental Pipe Line Company P.O. Box 2197 Houston, Texas 77001 Dear Mr. Johnson: The current guidelines set forth for issuing waivers which prohibit flight closer than 500 feet to persons on the surface were established by our Washington office and all regions should be adhering to them. Our Regional Office, FAA Rocky Mountain Region, Park Hill Station, P.O. Box 7213, Denver, Colorado 80207, has advised us that any existing waivers that are not in accordance with this policy will be amended to comply with the current guidelines. If we can give you any further information, we shall be happy to do so. Sincerely, Kenneth H. Goodsell Chief#