{"operation":"document","citation":"PI-78-0102","title":"Pipeline Safety Interpretation PI-78-0102","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1978-04-25","effective_on":null,"summary":"PI-78-0102 concerning 195.248.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-78-0102.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-78-0102.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-78-0102","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/Pipeline/1978/g78-04-25_Burleson_195.248-DBx.pdf","body":"<<<PAGE 1>>>\n\nPI-78-0102\nApril 25, 1978\nHonorable Omar Burleson\nHouse of Representatives\nWashington, D.C. 20515\nDear Mr. Burleson:\nThe Secretary has asked me to answer your letter of March 29, 1978, concerning a Shell Oil Company pipeline\nwhich crosses land owned by one of your constituents.\nAs we understand the problem, the pipeline was originally installed about 50 years ago and buried below the\nline of cultivation. Since then, as a result of terracing, the line now is buried only nine or ten inches deep and\ncould be punctured by plowing equipment.\nIf this pipeline is being operated in interstate commerce, it is subject to the Department’s pipeline safety\nstandards set forth in 49 CFR Part 195. While Part 195 included a standard which sets minimum burial depths\nfor pipelines at the time of construction, that standard does not require that those precise depths be\nmaintained for the life of the pipeline. However, under another provision of Part 195 governing the operation\nand maintenance of pipelines (§195.402(c)), a pipeline carrier who discovers any condition that could\nadversely affect the safe operation of the pipeline must correct it within a reasonable time and if the condition\npresents an immediate hazard, the carrier may not operate the pipeline until the condition is corrected.\nFrom the information provided in your letter, it is not clear if the pipeline under your constituent’s property is\nbeing operated in interstate commerce and thus subject to our regulations. I have asked the Houston\nRegional Office of the Office of Pipeline Safety Operations to investigate this matter and confirm whether the\npipeline is subject to the Department’s regulations, and if so, determine whether the farming activities are\nendangering the pipeline.\nIf the pipeline is subject to the regulations and a condition exists which could adversely affect its safe\noperation, the Houston Office will take steps to see that the Shell Oil Company corrects the unsafe condition\nas the regulation requires.\nI hope that this information will be of assistance to your constituent.\nSincerely,\nJohn J. Fearnsides\nActing Director\n\n<<<PAGE 2>>>\n\nCongress of the United States\nHouse of Representatives\nWashington, D.C. 20515\nMarch 29, 1978\nThe Honorable Brock Adams\nSecretary of Transportation\nOffice of the Secretary\nU.S. Departmetn of Transportation\n400 Seventh Street, S.W.\nWashington, D.C. 20590\nThis is in reference to a problem presently being experienced by my constituent, Mr. Milton Christian, 403\nNorth Avenue B, Haskell, Texas 79521. It has been brought to my attention, an old oil line or pipeline which is\napproximately fifty years old, under pressure and unmarked, crosses his land. This line is owned by the Shell\nOil Company. It appears that as a result of terracing which has been done over the years, about four inches of\ntopsoil have been removed and the line is now only nine or ten inches in the ground, Mr. Christian feels that\nthis line could be punctured while his land is being plowed.\nUpon contacting his Attorney in this regard, Mr. Christian was advised that should this line be punctured, he\nwould be liable for damages to Shell. Contacts were then made with the Company but no arrangement has\nbeen made to rectify the situation. Deep concern of this situtation stems from the belief that crude oil is being\ncarried through the line; it has been cleared for carrying gas. Should it be punctured, while plowing, bodily\nharm could be inflicted. The original right-of-way fifty years ago stated that the line would be \"below the line\nof cultivation.\"\nAdditional contacts have been made with both the U. S. Department of Transportation and the Texas State\nRailroad Commission, both of which advise they have no jurisdiction in the matter.\nIt would be helpful to me in pursuing this situation with the appropriate Congressional Committees, to have a\ncomplete report from you insofar as the Department is concerned. Your assistance will be deeply appreciated.\nWith many thanks and good wishes, I remain\nSincerely yours,\nOmar Burleson","truncated":false,"body_characters":4056}