Interpretation Response #PI-75-0115

Interpretation Response Details

November 12, 1975
Cesar DeLeon
U. S. Department of Transportation
Office of Pipeline Safety
2100 Second Street, SW Washington, D.C.  20590

Dear Mr. DeLeon:

1.         Is it correct that when an interpretation of a regulation is issued that the
interpretation has the same effective date as the regulation itself, not the date that it is
issued?

2.         Is it correct that if an interpretation of a regulation is issued but does not appear in
the
"Advisory Bulletin", that it is still applicable to all operators subject to Public Law 90-
481 and Part 192?

Sincerely, 

John Searcy
Engineering Division

December 2, 1975

Mr. John Searcy
Engineering Division
Tennessee Public Service Commission
Cordell Hull Building
Nashville, Tennessee 37219

Dear Mr. Searcy:

This responds to your letter of November 12, 1975, in which you ask the following questions:

1.         Is it correct that when an interpretation of a regulation is issued that the
interpretation has the same effective date as the regulation itself, not the date that it is
issued?

Answer:  Unless otherwise specified in the interpretation, an interpretive rule becomes effective
upon publication in the Federal Register or when persons subject to the rule have actual and timely
notice of it, as the case may be.

2.         Is it correct that if an interpretation of a regulation is issued but does not appear in
the "Advisory Bulletin" that it is still applicable to all operators subject to Public Law 90-481
and Part 192?

ANSWER:  Any interpretive rule of general applicability which is not published in the Advisory
Bulletin would only apply to those persons who have notice of it through some means other than the
Advisory Bulletin.

We trust this satisfactorily responds to your inquiry.

Sincerely, 

Cesar DeLeon 
Acting Director Office of Pipeline Safety Operations
 

Regulation Sections