{"operation":"document","citation":"PI-77-0109","title":"Pipeline Safety Interpretation PI-77-0109","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1977-12-14","effective_on":null,"summary":"PI-77-0109 concerning 192.707.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-77-0109.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-77-0109.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-77-0109","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/Pipeline/1977/g77-12-14_Duncan_192.707-msfx.pdf","body":"<<<PAGE 1>>>\n\nPI-77-0109\nDecember 14, 1977\nHonorable John J. Duncan\nHouse of Representatives\nSuite 318 Federal Building\nKnoxville, Tennessee 37901\nDear Congressman Duncan:\nWe have reviewed the Federal regulation for marking gas pipelines contained in 49. CFR 192.707 (Copy enclosed) in light\nof the problem expressed by your constituent, Joe P. Dickerson, in his letter to you dated November 9, 1977.\nAs shown by the photographs enclosed with Mr. Dickerson's letter, the line markers installed by the last Tennessee\nNatural Gas Company appear to be in compliance with the applicable requirements of Section 192.707. However, the\nmarkers that have been installed are not the only ones that might be used for compliance. The purpose of the marking\nregulation is to assist interested persons in identifying the location of underground gas pipelines. To the extent that this\npurpose is accomplished, markers may be installed in any manner that is consistent with the applicable requirements.\nFor example, in a residential neighborhood such as Mr. Dickerson's, for aesthetic reasons markers old be installed in the\ncurb or Street or in a horizontal position in the yard beside the curb.\nAny one of these alternatives might alleviate Mr. Dickerson’s concern that the existing markers detract from the\nappearance of his home. While the present regulation does not require that a particular alternative be adopted/ an\noperator must use markers which are in keeping with the rights of property owners under any applicable common law\nor local ordinance that is compatible with section 192.707.\nI have requested that the Office of Pipeline Safety Operations discuss this matter with the East Tennessee Natural Gas\nCompany.\nSincerely,\nOriginal Sign By\nJohn J. Fearnsides Acting Director\n\n<<<PAGE 2>>>\n\nCongress of the United States\nHouse of Representatives\nWashington, D.C. 20515\nNovember 10, 1977\nMr. Philip H. Bolger\nDirector\nOffice of Safety Affairs\nDepartment of Transportation\n400 Seventh Street, S. W.\nWashington, D. C. , 20590\nDear Mr. Bolger:\nI am attaching hereto a letter I have received from a member of my constituency, Mr. Joe P. Dickerson, which is\nexplanatory.\nI am also attaching two photographs of the Dickerson property showing one of the signs complained of immediately in\nfront of the entrance to the home and the other at the garage entrance. Mr. Dickerson states that his lot is 200 feet\nwide by 150 feet, and that these signs badly detract from the appearance of his home.\nIt would be appreciated if you would please investigate the allegation contained in his letter and furnish me with a reply\nsuitable for forwarding to Mr. Dickerson.\nVery truly yours,\nJohn J. Duncan\nMember of Congress\n\n<<<PAGE 3>>>\n\n509 Nobscot Roda\nKnoxville, Tennessee 37919\nNovember 9, 1977\nHonorable John J. Duncan, Congressman\nFederal Building\nKnoxville, Tennessee\nDear Congressman Duncan:\nI am enclosing photographs of the warning signs East Tennessee Natural Gas Company has placed on my property and\nthe property of Mr. Guinn Lockett, my neighbor who lives directly across from me. We are told by the gas company that\nthe signs are required by the government. Could you please determine for us the requirements by the government, and\nif it is absolutely necessary to post these signs at such conspicuous locations?\nMy address is 509 Nobscot Road. The Locketts have lived across the street, 512 Nobscot Road, for 14 years. We have\nresided at our present residence for 13 years. Throughout this time the East Tennessee Natural Gas Company has held\neasement rights across these properties for their pipelines (they now have two lines). The easement runs diagonally\nacross my property in an approximate northwest to southeast direction. Just recently, they placed these warning signs in\nour yards, at the curb, and claim that they must do this at each street where their pipelines cross. We property owners\nwho have these signs placed in front of our homes are quite concerned over this for several reasons:\n1. The signs create a safety hazard to not only the little children who may be playing in our yards but also\nto guests who park at the curb and walk to our front door.\n2. The signs detract from the appearance of our homes and will most definitely reduce the market value\nsubstantially.\n3. For the past 13 years the gas company has never needed signs and we wonder why such action must\nnow be taken.\nIt seems to me that even if the Government requires such markings at street crossings, the utility company should be\nrequired to exercise reasonableness in protecting the property owners' equities. They have been kind enough to lower\nthe signs from a height of 2 or 3 feet to their present position and we appreciate the consideration, but it is still not\nsatisfactory. We certainly understand that they have a responsibility toward the safety of the community, etc., but why\ncan't they nut their signs on the curb, letter the curbs or street rather than deface our properties. We speak with\ndeference toward ETNGCo. for we recognize the problems they encounter dealing with the public.\nWe still maintain, however, that the markings need not be done in a way that deface our properties, devalue our\nfinancial interests, and create a safety hazard, especially for children.\nThank you for your help in resolving our problem.\nSincerely,\nJoe P. Dickerson","truncated":false,"body_characters":5344}