Title 52--PUBLIC UTILITIES PENNSYLVANIA PUBLIC UTILITY COMMISSION [52 PA. CODE CH. 59] [36 Pa.B. 3092]
[Saturday, June 24, 2006][L-00050172]
Gas Service; Safety Code The Pennsylvania Public Utility Commission, on March 16, 2006, adopted a final rulemaking order amending § 59.33(b) (relating to safety) so that future amendments to 49 CFR Parts 191--193 and 199 are automatically adopted by the Commission.
Executive Summary
On February 3, 2005, the Commission adopted a proposed rulemaking order at L-00050172 to amend § 59.33(b) so that future amendments to the Federal pipeline safety laws can be automatically adopted by the Commission. The proposed rulemaking was published at 35 Pa.B. 6775 (December 17, 2005), with a 30-day public comment period. The Commission did not receive comments from the public concerning this rulemaking, nor did the Independent Regulatory Review Commission (IRRC) or the House and Senate Committees file comments. The final rulemaking language does not contain any changes to the proposed rulemaking language. On March 17, 2006, the Commission entered a final rulemaking order adopting the final regulation language.
Section 59.33(b) sets forth the minimum safety standards for all gas transmission and distribution facilities in this Commonwealth and provides that these safety standards are the same as those issued under the Federal pipeline safety laws in 49 U.S.C.A. §§ 60101--60503, and implemented in 49 CFR Parts 191--193 and 199. Under the current language of § 59.33(b), the Commission is required to review, ratify and publish amendments to the Federal pipeline safety regulations prior to the Commission's adoption of laws. The amendment to § 59.33(b) removes the burdensome review and ratification requirements that unnecessarily delay the Commission's incorporation of amendments to the Federal safety standards. The rulemaking provides that any future amendments to the Federal pipeline safety regulations will result in an amendment to § 59.33(b), effective 60 days after the effective date of the Federal amendment unless the Commission determines that specific amendments should not be adopted. As a result of the rulemaking, the Commission's Gas Safety Division will eliminate several hundred hours from the amount of time it currently spends on regulatory review and approval.
Regulatory Review
Under section 5(a) of the Regulatory Review Act (71 P. S. § 745.5(a)), on Decemebr 7, 2005, the Commission submitted a copy of the notice of proposed rulemaking, published at 35 Pa.B. 6775 (December 17, 2005), to IRRC and the Chairpersons of the House Committee on Consumer Affairs and the Senate Committee on Consumer Protection and Professional Licensure for review and comment.
Under section 5(c) of the Regulatory Review Act, IRRC and the Committees were provided with copies of the comments received during the public comment period, as well as other documents when requested. In preparing the final-form rulemaking, the Department has considered all comments from IRRC, the House and Senate Committees and the public.
Under section 5.1(j.2) of the Regulatory Review Act (71 P. S. § 745.5a(j.2)), on May 16, 2006, the final-form rulemaking was deemed approved by the House and Senate Committees. Under section 5(g) of the Regulatory Review Act, this final-form rulemaking was deemed approved by IRRC, effective May 17, 2006.
Public Meeting held
March 16, 2006Commissioners Present: Wendell F. Holland, Chairperson; James H. Cawley, Vice Chairperson; Bill Shane; Kim Pizzingrilli; Terrance J. Fitzpatrick
Final Rulemaking Amending 52 Pa. Code § 59.33(b) (Gas Service: Safety Code); Doc. No. L-00050172 Final Rulemaking Order By the Commission:
On February 3, 2005, the Commission adopted a proposed rulemaking order amending 52 Pa. Code § 59.33(b) (relating to safety) so that future amendments to the federal pipeline safety laws can be automatically adopted by the Commission. On December 7, 2005, the Commission submitted the proposed rulemaking to the Independent Regulatory Review Commission (IRRC) and the Chairpersons of the House Committee on Consumer Affairs and the Senate Committee on Consumer Protection and Professional Licensure for review and comment. The proposed rulemaking was published in the Pennsylvania Bulletin on December 17, 2005, at 35 Pa.B. 6775, with a 30-day public comment period. The Commission did not receive any comments from the public concerning this rulemaking, nor did IRRC or the Committees file comments. Thus, the final rulemaking language does not contain any changes to the proposed rulemaking language.
Section 59.33(b) sets forth the minimum safety standards for all gas transmission and distribution facilities in Pennsylvania and provides that these safety standards are the same as those issued under the federal pipeline safety laws, as set forth in 49 U.S.C.A. §§ 60101, et seq., and implemented in 49 CFR Parts 191--193 and 199. Currently, § 59.33(b) requires the Commission to review and ratify all amendments to the federal safety laws prior to the Commission's adoption of such laws. Amendments to the federal safety laws do not become effective until the entry date of a Commission ratification order or, in the case of publication, the date of the order's publication in the Pennsylvania Bulletin.
The purpose of this final rulemaking is to modify the current language of § 59.33(b) so that future amendments to the federal safety laws can be automatically adopted by the Commission. The final rulemaking eliminates the language in the current regulation that requires the Commission to review, ratify, and publish amendments to the federal pipeline safety regulations. Additionally, the final rulemaking language provides that any future amendments to the federal pipeline safety laws will result in an amendment to § 59.33(b), effective 60 days after the effective date of the federal amendment unless the Commission publishes a notice in the Pennsylvania Bulletin identifying specific amendments that should not be adopted.
Accordingly, under 66 Pa.C.S. §§ 501 and 1501, sections 201 and 202 of the act of July 31, 1968 (P. L. 769, No. 240) (45 P. S. §§ 1201 and 1202) and the regulations promulgated thereunder at 1 Pa. Code §§ 7.1, 7.2 and 7.5, section 204(b) of the Commonwealth Attorneys Act, 71 P. S. § 732.204(b), section 5 of the Regulatory Review Act (71 P. S. § 745.5) and section 612 of The Administrative Code of 1929 (71 P. S. § 232), we propose to amend our regulations as set forth at 35 Pa.B. 6775; Therefore,
It Is Ordered That:
1. This docket adopts the final regulation as set forth at 35 Pa.B. 6775.
2. The Secretary shall submit this order and 35 Pa.B. 6775 to the Office of Attorney General for approval as to form and legality.
3. The Secretary shall submit this order and 35 Pa.B. 6775 to the Governor's Budget Office for review of fiscal impact.
4. The Secretary shall submit this order and 35 Pa.B. 6775 for review by the designated standing committees of both Houses of the General Assembly, and for review by the Independent Regulatory Review Commission.
5. The Secretary shall certify this order and 35 Pa.B. 6775 and deposit them with the Legislative Reference Bureau for publication in the Pennsylvania Bulletin.
6. The amendment of § 59.33(b) shall become effective upon publication in the Pennsylvania Bulletin.
7. The contact persons for this rulemaking are (technical) Paul J. Metro, Chief, Gas Safety Division, (717) 787-1063 and (legal) Jaime M. McClintock, Assistant Counsel, Law Bureau, (717) 783-2811. Alternate formats of this document are available to persons with disabilities and may be obtained by contacting Sherri DelBiondo, Regulatory Coordinator, Law Bureau, (717) 772-4597.
JAMES J. MCNULTY,
Secretary(Editor's Note: For the text of the order of the Independent Regulatory Review Commission, relating to this document, see 36 Pa.B. 2781 (June 3, 2006).)
Fiscal Note: Fiscal Note 57-238 remains valid for the final adoption of the subject regulation.
[Pa.B. Doc. No. 06-1159. Filed for public inspection June 23, 2006, 9:00 a.m.]
