{"operation":"document","citation":"PI-91-026","title":"State Fire Marshal Headquarters — Pipeline Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1991-09-04","effective_on":null,"summary":"PI-91-026 response to State Fire Marshal Headquarters concerning 199.7.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-91-026.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-91-026.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-91-026","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/Pipeline/1991/PI91026.pdf","body":"<<<PAGE 1>>>\n\nU.S. Department\nof Transportation\nResearch and\nSpecial Programs\nAdministration\nSeptember 4, 1991\nMr. James Wait\nDivision Chief, Pipeline Safety\nState Fire Marshal Headquarters\n7171 Bowling Drive, Suite 600\nSacramento, CA 95823-2034\nDear Mr. Wait:\nThis is in response to your letter of June 19, 1991, to George W. Tenley, Jr., Associate\nAdministrator for Pipeline Safety, Research and Special Programs Administration, asking\nfor guidance on whether a small refinery which has hazardous liquid lines subject to your\noffice's jurisdiction must implement an anti-drug plan under Part 199.\nYour letter indicates that the refinery instituted a stringent drug testing program in 1986. a result of a law suit, that challenged the implementation of the 1986 drug program, the\ndrug program was changed to a court ordered program. The court ordered drug testing\nprogram is different in several respects from the requirements of Part 199.\nAs\nThe operator (intrastate) would be required to have an anti-drug testing program which\nconforms to the requirements of 49 CFR Parts 199 and 40 as outlined in your appropriate\nstate regulations. An operator has to comply with the requirements of Parts 199 and 40 by\nApril 20, 1990, (50 or more employees), or August 21, 1990, (less than 50 employees).\nThe operator may have two separate drug testing programs; one which meets the court\nordered requirements and one that complies with our regulations. As you have indicated,\nthe operator may petition the courts to allow the DOT regulations to replace the court\nordered requirements.\ndal/199.7\n91-09-04\n1\n\n<<<PAGE 2>>>\n\nThank you for your inquiry. assistance.\nPlease let me know if you need any more information or\nSincerely,\nRichard L. Rippert\nDrug Compliance Coordinator\nOffice of Pipeline Safety\nEnforcement\ndal/199.7\n91-09-04\n2","truncated":false,"body_characters":1823}