{"operation":"document","citation":"PI-76-0108","title":"Pipeline Safety Interpretation PI-76-0108","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1976-08-27","effective_on":null,"summary":"PI-76-0108 concerning 192.705.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-76-0108.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-76-0108.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-76-0108","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/Pipeline/1976/g76-08-27_COUGHLIN_192.705-nlmx.pdf","body":"<<<PAGE 1>>>\n\nPI-76-0108\nAugust 27, 1976\nHonorable Lawrence Coughlin\nHouse of Representatives\nWashington, D.C. 20515\nDear Mr. Coughlin:\nThis responds to your letter of August 12, 1976, requesting our views on the proposed removal of\ntress and shrubs by the Transcontinental Gas Pipeline, Inc., from its right-of-way crossing the\nproperty of Mr. Albert Dearolf in Norristown, Pennsylvania.\nThis agency regulates the safety of gas pipelines operated in or affecting interstate or foreign\ncommerce. The pipelines on Mr. Dearolf's property are subject to the Federal safety standards\ncontained in 49 CFR Part 192. While these standards require operators to periodically inspect\ntheir pipeline rights-of-way for leaks and other factors affecting safety, they do not prohibit the\ngrowth of trees and shrubs on a right-of-way. Also, even though Transcontinental may consider\nremoval of the trees and shrubs as necessary to facilitate inspection, in complying with the safety\nstandards the company is still obligated by common law to respect any property rights which Mr.\nDearolf may have in the land within the right-of-way.\nIn most cases, an agreement between the landowner and the pipeline company governs the rights\nof the company in its use of the right-of-way. We suggest that Mr. Dearolf seek legal advice\nfrom an attorney on Transcontinental's right to remove the trees and shrubs.\nIf we may be of any further assistance, please let us know.\nSincerely,\nJames T. Curtis, Jr.\n\n<<<PAGE 2>>>\n\n524 Wellington Road\nNorristown, Pennsylvania\nJuly 7, 1976\nMr. Cornelius McElwee\nSecretary of the Public Utility Commission\n109 North Office Building\nHarrisburg, Pennsylvania\nDear Mr. McElwee,\nWe have been residents of 524 Wellington Rd., East Norriton Township, Montgomery\nCounty since June of 1957. On this property there is a Transcontinental Gas Pipe Line right-of-\nway. They have three pipelines crossing our property, which is in a residential area. Our\nproperty is approximately 1/2 acre large in size. When there was only pipe, the previous owner\nmade arrangements for and gave right-of-way to Transcontinental to install one additional line.\nWe then gave them permission to install the third pipe with the understanding that this property\nwould still be useable by us for recreation and planting of gardens and trees.\nWe received a notice in April of this year that Transcontinental is going to remove all\ntrees and shrub from this right-of-way on our property with no reimbursement. We feel the\nreasons they have given to us to remove these trees is not concrete enough to have them destroy\ntrees and shrubs (some of which are as old as 20 years - blue spruce, dogwood, white birch,\njapanese maple, ash, etc.) used to beautify our small property.\nAs far as we can see in our right-of-way agreement, they must permit us to cultivate the\nland and raise trees on our property. We have maintained this property and paid taxes for as\nmany years as we have lived here and feel they have no right to remove our trees.\nWe have discussed our problem with a nursery man as to how deep the roots go on these\ntrees and he has verified that they can not harm the pipe as they are shallow rooted trees - will not\ngrow deep enough to get into this pipe, which is supposed to be buried at least 24\" under the\nground and at the street, wheremany [sic] of our trees are, go under the road and is much\n\n<<<PAGE 3>>>\n\ndeeper. We know this pipe is buried much deeper than the 24\" as we watched them put it in - but\neven if it is just 24\" the roots of these trees will not harm said pipe.\nI happen to work for a utility (P.E.Co.) and feel that these people are overstepping their\nbounds on the small homeowner.\nAny help or advise you can give us would be warmly received.\nSincerely,\nAlbert Dearolf","truncated":false,"body_characters":3773}