{"operation":"document","citation":"PI-77-014","title":"G&K Management Co., Inc. — Pipeline Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1977-05-01","effective_on":null,"summary":"PI-77-014 response to G&K Management Co., Inc. concerning 192.457.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-77-014.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-77-014.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-77-014","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/Pipeline/1977/PI77014.pdf","body":"<<<PAGE 1>>>\n\nMay 1, 1977\nMr. Sherman Gardner\nPresident\nAssociation of HUD\nManagement Agents\nG&K Management Co., Inc.\n1309 Wilshire Boulevard\nSuite 250\nLos Angeles, California 90010\nDear Mr. Gardner:\nThis refers to your letter of March 4, 1977, in which you suggest that since the enforcement\nactivities of this Office are directed to a lesser degree to master meter operators, the deadline for\ncompliance with 49 CFR 192.457 should be extended to allow HUD-insured developments time\nto obtain appropriate funding for compliance activities.\nAfter consideration of the argument presented in your letter, this Office does not feel that you\nhave presented any additional information that would justify amending the cathodic protection\ndeadline under Section 192.457 for HUD-insured developments. Our policy with respect to\nenforcement is not founded on the appropriateness of the legal requirement, and should not be\nconstrued as such. We have discussed the issue of notice in previous correspondence and in the\nabsence of any showing that HUD developments in general were unable to secure funding during\nthe 5-year lead time provided for compliance, we do not feel that the requirement is unreasonably\napplied to those developments. We would of course consider individual applications for waiver of\nthe requirement, based on evidence of a good faith effort to comply within the 5-year period and\nan inability to secure funding in that period.\nWith regard to any development which is now operating in violation of the requirement, our\nenforcement policy takes into account all timely efforts made to achieve compliance and any\nextenuating circumstances involved.\nSincerely,\nCesar DeLeon\nActing Director\nOffice of Pipeline\nSafety Operations\ndal\\192\\457\\77-05-01\n1\n\n<<<PAGE 2>>>\n\nMarch 4, 1977\nMr. Cesar DeLeon, Acting Director\nOffice of Pipeline Safety Operations\nDepartment of Transportation\nMaterials Transportation Bureau\nWashington, D.C. 20590\nDear Mr. DeLeon:\nAlthough I have appreciated your correspondence regarding the Cathodic Protection deadline, it\nis our hope you will address our dilemma more succinctly.\nYou indicated in your most recent letter of January 26, 1977 that your enforcement activities are\nprimarily directed toward pubic utilities, and to a lesser degree--master meter operators.\nSince you indicate in your letter that Cathodic Protection enforcement for public utilities will be\naddressed to a different degree than master meter operators, it would equitably follow that a\nrevised implementation date for small firms such as those in our Association would be\nappropriate. I specifically refer to the three-year extension we originally requested, which would\nenable owners of HUD-insured developments time to collaborate with HUD to determine how\nsuch funding is to be achieved.\nI would like to point out that since 1972 we have built numerous apartment complexes in\naccordance with and subject to HUD specifications. Never was cathodic protection\nimplementation enforced.\nAs you know, the nature of federally subsidized housing is such that funding solicitation, if not\nalready contractual, is a most tedious and slow bureaucratic process.\nIt is hoped that, based on the above, there will be a reevaluation of the implementation deadline\nthrough the knowledge that the public utilities are better equipped to facilitate funding for such a\nformidable endeavor, and are entirely different entities from small management firms whose\ncomplex fundings are subject to HUD specifications.\nMost sincerely,\nSherman Gardner\ndal\\192\\457\\77-05-01\n2\n\n<<<PAGE 3>>>\n\nPresident\nASSOCIATION OF HUD MANAGEMENT AGENTS\nG&K MANAGEMENT CO., INC.\ndal\\192\\457\\77-05-01\n3","truncated":false,"body_characters":3670}