Interpretation Response #PI-76-017
Below is the interpretation response detail and a list of regulations sections applicable to this response.
Interpretation Response Details
December 3, 1976
Mr. Herbert Schroeder, Jr.
Houston, Texas 77036
Dear Mr. Schroeder:
This is in reply to your letter dated September 14, 1976, concerning a 12-inch natural gas pipeline installed about 1955 across an existing drainage ditch on your property in Colorado County, Texas.
The Federal regulations for the "Transportation of Natural and Other Gas by Pipeline," Part 192, Title 49 of the Code of Federal Regulations (copy enclosed), became effective November 12, 1970. Section 192.327 of the regulations prescribes minimum cover for transmission lines and mains measured at the time of construction from the ground surface or the bottom of a drainage ditch, as applicable.
However, Section 192.327 would not apply to the cover provided for the pipeline on your property since the line was constructed prior to the effective date of the rule.
The Federal regulations do not prohibit a pipeline from obstructing the natural flow of a drainage ditch. Nevertheless, such an obstruction may infringe on the rights of landowners provided by common law and you may wish to seek the advice of an attorney on this question.
Office of Pipeline
|§ 192.619||Maximum allowable operating pressure: Steel or plastic pipelines|