DAR File No. 42331

This rule was published in the December 1, 2017, issue (Vol. 2017, No. 23) of the Utah State Bulletin.


Public Service Commission, Administration

Section R746-409-1

General Provisions

Notice of Proposed Rule

(Amendment)

DAR File No.: 42331
Filed: 11/15/2017 04:33:26 PM

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this proposed amendment is to update the date of the referenced U.S. Department of Transportation pipeline safety regulations from 09/01/2015 to 09/01/2017.

Summary of the rule or change:

Currently, Rule R746-409 adopts the federal pipeline safety regulations codified in 49 CFR Parts 190, 191, 192, 198, and 199 effective 09/01/2015. This rule change updates the amendment date from 09/01/2015 to 09/01/2017. There are no substantive changes between the 09/01/2015 and 09/01/2017 amendment dates. The changes are summarized as follows: Part 190 -- miscellaneous changes to Pipeline Safety enforcement and regulatory procedures; Part 191 -- miscellaneous changes to Pipeline Safety Regulations on reporting of annual reports, incident reports, and safety related condition reports; Part 192 -- miscellaneous changes to Pipeline Safety Regulations such as: expansion of use of Excess Flow Valves on new commercial and large volume customer services, operator qualification, cost recovery, accident and incident notification, and other Pipeline Safety changes and is a cost recovery procedure for the U.S. Department of Transportation Pipeline and Hazardous Materials Safety Administration (PHMSA) for review of special permits, construction over $2,500,000, and operator qualification plan and procedures; Part 198 -- provides a procedure for how a state with an inadequate damage prevention enforcement program may seek reconsideration by PHMSA; and Part 199 -- addresses operator qualification, cost recovery, accident and incident notification, and other Pipeline Safety changes and is a cost recovery procedure for PHMSA.

Statutory or constitutional authorization for this rule:

  • Section 54-13-6
  • Section 54-13-3
  • Section 54-13-5

This rule or change incorporates by reference the following material:

  • Updates 49 CFR Part 199, published by Government Printing Office, 09/01/2017
  • Updates 49 CFR Part 190, published by Government Printing Office, 09/01/2017
  • Updates 49 CFR Part 191, published by Government Printing Office, 09/01/2017
  • Updates 49 CFR Part 192, published by Government Printing Office, 09/01/2017
  • Updates 49 CFR Part 198, published by Government Printing Office, 09/01/2017

Anticipated cost or savings to:

the state budget:

The proposed rule change should not result in any costs to the state because the Division of Public Utilities mainly enforces pipeline safety rules and the amendment reflects current requirements.

local governments:

This rule applies to natural gas public utilities operated by local governments. Since local governments are already expected to operate pursuant to federal regulations and state requirements incorporated or formalized in this rule change, no anticipated costs are expected.

small businesses:

This rule applies to operators of natural gas master meter systems and pipeline facilities. Since small businesses are already expected to operate pursuant to federal regulations and state requirements incorporated or formalized in this rule change, no anticipated costs are expected.

persons other than small businesses, businesses, or local governmental entities:

Since persons are already expected to operate pursuant to federal regulations and state requirements incorporated or formalized in this rule change, no anticipated costs are expected.

Compliance costs for affected persons:

Compliance costs for affected persons are not expected because this rule change follows practices and requirements already in place at the federal and state level.

Comments by the department head on the fiscal impact the rule may have on businesses:

The proposed rule change adopts and formalizes current operating requirements, therefore, the proposed rule amendment will not result in any additional costs to businesses.

Thad LeVar, Commission Chair

The full text of this rule may be inspected, during regular business hours, at the Office of Administrative Rules, or at:

Public Service Commission
Administration
HEBER M WELLS BLDG
160 E 300 S
SALT LAKE CITY, UT 84111-2316

Direct questions regarding this rule to:

  • Sheri Bintz at the above address, by phone at 801-530-6714, by FAX at 801-530-6796, or by Internet E-mail at sbintz@utah.gov
  • Melanie Reif at the above address, by phone at 801-530-6709, by FAX at 801-530-6796, or by Internet E-mail at mreif@utah.gov

Interested persons may present their views on this rule by submitting written comments to the address above no later than 5:00 p.m. on:

01/02/2018

This rule may become effective on:

01/09/2018

Authorized by:

Melanie Reif, Legal Counsel

RULE TEXT

R746. Public Service Commission, Administration.

R746-409. Pipeline Safety.

R746-409-1. General Provisions.

A. Scope and Applicability -- Pursuant to Title 54, Chapter 13, the following rules shall apply to persons engaged in the transportation of gas as defined in CFR Title 49 Parts 191 and 192.

B. Adoption of parts of CFR Title 49 -- The Commission adopts and incorporates by this reference the following parts of CFR Title 49, effective September 1, [2015]2017:

1. Part 190 with the exclusion of Part 190.223 which is superseded by Title 54, Chapter 13, Part 8, Violation of chapter -- Penalty;

2. Part 191;

3. Part 192;

4. Part 198; and

5. Part 199.

C. Persons engaged in the transportation of gas, including distribution of gas through a master-metered system, shall comply with the requirements of CFR Title 49, identified in Section R746-409-1.B, including all minimum safety standards.

 

KEY: rules and procedures, safety, pipelines

Date of Enactment or Last Substantive Amendment: [March 30, 2016]2018

Notice of Continuation: March 31, 2016

Authorizing, and Implemented or Interpreted Law: 54-13-3; 54-13-5; 54-13-6


Additional Information

More information about a Notice of Proposed Rule is available online.

The Portable Document Format (PDF) version of the Bulletin is the official version. The PDF version of this issue is available at https://rules.utah.gov/publicat/bull_pdf/2017/b20171201.pdf. The HTML edition of the Bulletin is a convenience copy. Any discrepancy between the PDF version and HTML version is resolved in favor of the PDF version.

Text to be deleted is struck through and surrounded by brackets ([example]). Text to be added is underlined (example).  Older browsers may not depict some or any of these attributes on the screen or when the document is printed.

For questions regarding the content or application of this rule, please contact Sheri Bintz at the above address, by phone at 801-530-6714, by FAX at 801-530-6796, or by Internet E-mail at sbintz@utah.gov; Melanie Reif at the above address, by phone at 801-530-6709, by FAX at 801-530-6796, or by Internet E-mail at mreif@utah.gov.  For questions about the rulemaking process, please contact the Office of Administrative Rules.