Ratification and Adoption of Amendment to 49 CFR Part 192 [34 Pa.B. 3655] Public Meeting held
June 24, 2004Commissioners Present: Terrance J. Fitzpatrick, Chairperson; Robert K. Bloom, Vice Chairperson; Glen R. Thomas; Kim Pizzingrilli; Wendell F. Holland
Ratification and Adoption of Amendment to Part 192 of Title 49 of the Code of Federal Regulations; Doc. No. M-00041808 Order By the Commission:
The Commission has adopted the Federal safety standards for natural gas transmission and distribution facilities in 52 Pa. Code § 59.33(b). The Federal standards are established by the United States Department of Transportation (DOT) in 49 U.S.C.A. §§ 60101, et seq., and are set forth in 49 CFR Parts 191--193 and 199. Section 59.33(b) of 52 Pa. Code provides, in pertinent part, that amendments to 49 CFR will become effective in this Commonwealth upon review by the Commission and the entry of a Commission ratification order where that order is served upon all jurisdictional natural gas companies or, alternatively, upon the date of an order's publication in the Pennsylvania Bulletin.
A. On March 12, 2003, at 68 Federal Register 11748, amendment 192-91 was adopted and codified by the DOT in 49 CFR 192. In this final rule, Research and Special Programs Administration (RSPA) modifies or adds the definition of ''Administrator'' in several sections of the CFR. The RSPA has determined that there is a need to change or add the definition of ''Administrator'' for clarification purposes and for consistency between the RSPA regulations.
B. On August 5, 2003, at 68 Federal Register 46109, amendment 192-92 was adopted and codified by the DOT in 49 CFR 192. This final rule addresses the safety regulation responsibility for producer-operated natural gas and hazardous liquid pipelines that cross into state waters without first connecting to a transporting operator's facility on the Outer Continental Shelf. This rule specifies the procedures by which producer operators can petition for approval to operate under safety regulations governing pipeline design, construction, operation and maintenance issued by either the RSPA or the Department of the Interior, Minerals Management Service. The rule was effective September 4, 2003.
C. On September 15, 2003, at 68 Federal Register 53895, amendment 192-93 was adopted and codified by the DOT in 49 CFR 192. The RSPA, Office of PipelineSafety (OPS) is changing some of its safety standards for gas pipelines. The changes are based on recommendations by the National Association of Pipeline Safety Representatives and a review of the recommendations by the State Industry Regulatory Review Committee. RSPA/OPS believes the changes will improve the clarity and effectiveness of the present standards. The rule was effective on October 15, 2003.
D. On January 14, 2004, at 68 Federal Register 69778, amendment 192-95 was adopted and codified by the DOT in 49 CFR 192. This final rule requires operators to develop integrity management programs for gas transmission pipelines located where a leak or rupture could do the most harm, that is, could impact high consequence areas (HCAs). The rule requires gas transmission pipeline operators to perform ongoing assessments of pipeline integrity, to improve data collection, integration and analysis, to repair and remediate the pipeline as necessary and to implement preventive and mitigative actions. The RSPA/OPS has also modified the definition of HCAs in response to a petition for reconsideration from industry associations. This final rule comprehensively addresses statutory mandates, safety recommendations and conclusions from accident analyses, all of which indicate that coordinated risk control measures are needed to improve pipeline safety.
Keeping in mind the safety of the public, we have reviewed the previously referenced amendments in accordance with the provisions of 52 Pa. Code § 59.33. Based upon this review, we find that the DOT amendment to 49 CFR to be in the public interest and adopt them as our own. The effective date of our adoption of the previously referenced amendments shall be the date upon which this order is published in the Pennsylvania Bulletin (52 Pa Code § 59.33(b).)
Therefore,
It Is Ordered That:
1. The following amendments adopted by the DOT are hereby ratified and adopted in accordance with the provisions of 52 Pa. Code § 59.33(b):
(a) On March 12, 2003, at 68 Federal Register 11748, amendment 192-91.
(b) On August 5, 2003, at 68 Federal Register 46109, amendment 192-92.
(c) On September 15, 2003, at 68 Federal Register 53895, amendment 192-93.
(d) On January 14, 2004, at 68 Federal Register 69778, amendment 192-95.
2. The Secretary shall serve copies of this Order upon all jurisdictional gas utilities and pipeline companies. Accordingly, the effective date shall be the entry date of this order. Concurrently, the Secretary shall cause this order, without attachments, to be published in the Pennsylvania Bulletin.
JAMES J. MCNULTY,
Secretary[Pa.B. Doc. No. 04-1261. Filed for public inspection July 9, 2004, 9:00 a.m.]
