{"operation":"document","citation":"PI-93-065","title":"Palmer Biezup & Henderson — Pipeline Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1993-12-21","effective_on":null,"summary":"PI-93-065 response to Palmer Biezup & Henderson concerning 195.1.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-93-065.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-93-065.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-93-065","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/Pipeline/1993/PI93065.pdf","body":"<<<PAGE 1>>>\n\nDecember 21, 1993\nMr. Richard S. Tweedie\nPalmer Biezup & Henderson\nPublic Ledger Building\nIndependence Square\nSixth & Chestnut Streets\nPhiladelphia, PA 19106-3409\nDear Mr. Tweedie:\nThank you for your inquiry about an Enforcement Policy Directive relevant to shorted casings.\nYou were specifically asking about a Directive that states:\n\"A pipeline that was installed prior to April 1, 1970, and the casings were designed to be shorted\nto the carrier pipe during construction, will be grandfathered and are exempted from Part 195\n(exemption only pertains to shorted casings.)\"\nI was unable to locate a policy directive worded as you had stated; however, I feel that the line of\nreasoning that you were asking about is consistent with present compliance policy and with the\nact's intent. Therefore, I offer the following answers to your questions.\n1. When was the Enforcement Policy Directive issued?\nAs stated above, I could not find a policy directive worded as you had indicated.\nIt clearly states that in Section 203(c) of the Hazardous Liquid Pipeline Safety Act\nof 1979 (the Act), \"Any standard issued under this section affecting the design,\ninstallation, construction, initial inspection, and initial testing shall not be\napplicable to pipeline facilities in existence on the date such standard is adopted.\"\nWording such as this is commonly referred to as a \"grandfathering clause\".\nAlso, for your information, I have included a copy of the Regulation Enforcement\nGuidelines for Section 195.401(b) Condition Adversely Affecting Safe Operation -\nElectrically Shorted Casing.\n2. Does it have general applicability?\nSection 203(c) of the Act has general applicability.\n3. If yes, then does it remain effective?\nSection 203(c) of the Act remains affective until some condition is\nchanged on the pipeline to nullify the grandfathering clause.\ndal 1\n93-12-21\n\n<<<PAGE 2>>>\n\n4. Would it apply to a pipeline that was built prior to 1970 but had a cathodic\nprotection system installed in 1974?\nIf the pipeline was built in 1970, prior to the Act, then the grandfather clause\napplies. However, if the installation of a cathodic protection system involves\nsignificant and considerable construction/reconstruction of facilities that involved\none of the casing installations in question, then this work would nullify the\ngrandfather clause and thus require the isolation of that casing.\nI hope this addresses your concerns. If you have further questions, please contact me on (202)\n366-4580.\nSincerely,\nWilliam H. Gute\nEastern Regional Director\nOffice of Pipeline Safety\nEnclosures\ndal 2\n93-12-21","truncated":false,"body_characters":2602}