Frequently-Asked Question FAQ #167

FAQ-167: "Must" and "Shall" from referenced standards

Question: How should the operator address "must" and "shall" statements in the standard? In some cases, the standard provides for an alternative action if the "must" and "shall" statements are not implemented.

Answer: When standards are incorporated into a rule by reference, the requirements of the standard become requirements of the rule. Operators are required to implement "must" and "shall" statements in the standard. Where the standard provides an alternative, e.g., in the event an action that "must" be done cannot be accomplished, the alternative must be implemented with appropriate justification. (In the event of conflicts between provisions in the standard and the Rule, the Rule takes precedence).

These Frequently Asked Questions (FAQs) are intended to clarify, explain, and promote better understanding of the pipeline integrity management rules. These FAQs are not substantive rules and do not create rights, assign duties, or impose new obligations not outlined in the existing integrity management regulations and standards. Requests for informal interpretations regarding the applicability of one or more of the pipeline integrity management rules to a specific situation may be submitted to PHMSA in accordance with 49 C.F.R. § 190.11.

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