{"operation":"document","citation":"PI-74-0122","title":"Continental Pipe Line Company — Pipeline Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1974-07-02","effective_on":null,"summary":"PI-74-0122 response to Continental Pipe Line Company concerning 195.412.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-74-0122.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-74-0122.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-74-0122","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/Pipeline/1974/g74-07-02_Johnson_195.412-olox.pdf","body":"<<<PAGE 1>>>\n\nPI-74-0122\nJuly 2, 1974\nMr. R. L. Johnson\nDirector of Environmental Affairs\nand Safety\nContinental Pipe Line Company\nP.O. Box 2197\nHouston, TX 77001\nDear Mr. Johnson:\nThis refers to your request of June 10, 1974, for advice on guidelines issued by the Federal Aviation Administration\nwhich preclude the issuance of waivers from FAR 91.79(c) \"Minimum safe altitudes over other than congested areas.\"\nWe appreciate your concern that the guidelines may reduce the effectiveness of aerial patrols of pipelines conducted in\ncompliance with 49 CFR 195.412(a) if waivers are no longer issued to permit flights below 500 feet. We note, however,\nthat FAR 91.79(c) exempts sparsely populated areas from the 500-foot requirements, except near any person, vessel,\nvehicle, or structure. This exemption should permit flights below an altitude of 500 feet in many areas where aerial\npatrols are conducted. Notwithstanding the exemption, we believe flights as high as 500 feet are low enough to satisfy\nthe inspection requirements of §195.412(a). Where a closer inspection is necessary but may not be made by aircraft\nunder FAR 91.79(c), an alterative means of inspection should be used.\nWe trust this adequately responds to your inquiry.\nSincerely,\nJoseph C. Caldwell\nDirector\nOffice of Pipeline Safety\n\n<<<PAGE 2>>>\n\nContinental Pipe Line Company\nP.O. Box 2197\nHouston, TX 77001\nJune 10, 1974\nMr. Joseph C. Caldwell Director\nOffice of Pipeline Safety\nDepartment of Transportation\nWashington, D.C. 20590\nDear Mr. Caldwell:\nWe have been advised by a district office of the Federal Aviation Administration that new guidelines issued by\nthe F.A.A. preclude the issuance of waivers of FAR 91.79(c) \"Minimum safe altitudes over other than\ncongested areas\" to firms performing aerial patrols on pipeline systems.\nWe are sure you can understand the affect such guidelines would have on pipe line companies such as ours in\ncomplying with the requirement to inspect our right-of-ways at two week intervals, (195.412(a)).\nAttached is a copy of our letter to the F.A.A. in which we requested clarification of the guidelines as well as\nreconsideration of these guidelines. We are also including a copy of a letter from the Billings, Montana District\nOffice of the F.A.A.\nWe would appreciate assistance and advice from your office in our efforts to resolve this matter.\nYours very truly,\nR. L. Johnson\n\n<<<PAGE 3>>>\n\nDepartment of Transportation\nFederal Aviation Administration\nGeneral Aviation District Office\nRoom 216, Admn Bldg.\nBillings Logan Internat'l Arpt.\nBillings, MT 59101\nJune 3, 1974\nMr. R. L. Johnson\nContinental Pipe Line Company\nP.O. Box 2197\nHouston, Texas 77001\nDear Mr. Johnson:\nThe current guidelines set forth for issuing waivers which prohibit flight closer than 500 feet to persons on the\nsurface were established by our Washington office and all regions should be adhering to them.\nOur Regional Office, FAA Rocky Mountain Region, Park Hill Station, P.O. Box 7213, Denver, Colorado 80207,\nhas advised us that any existing waivers that are not in accordance with this policy will be amended to comply\nwith the current guidelines.\nIf we can give you any further information, we shall be happy to do so.\nSincerely,\nKenneth H. Goodsell\nChief","truncated":false,"body_characters":3246}