No. 35317 (5-year Review): Rule R746-409. Pipeline Safety

DAR File No.: 35317
Filed: 10/06/2011 08:01:20 AM

NOTICE OF REVIEW AND STATEMENT OF CONTINUATION

Concise explanation of the particular statutory provisions under which the rule is enacted and how these provisions authorize or require the rule:

Sections 54-13-2 and 54-13-3 require the Public Service Commission (PSC) to establish pipeline safety standards and to adopt and enforce rules incorporating the Natural Gas Pipeline Safety Act. Rule R746-409 adopts safety rules and incorporates by reference 49 CFR Parts 190, 191, 192, 198, and 199, which implement requirements of the Natural Gas Pipeline Safety Act. A rule change has been submitted updating the Parts that are incorporated by reference, from "as amended 2006" to "as amended 2010."

Summary of written comments received during and since the last five-year review of the rule from interested persons supporting or opposing the rule:

No comments have been submitted within the five-year period.

Reasoned justification for continuation of the rule, including reasons why the agency disagrees with comments in opposition to the rule, if any:

The rule is necessary to comply with Sections 54-13-2 and 54-13-3. As noted above, these statutes require the PSC to establish pipeline safety standards and to adopt and enforce rules incorporating the Natural Gas Pipeline Safety Act. Therefore, this rule should be continued.

The full text of this rule may be inspected, during regular business hours, at the Division 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 [e-mail]
• David Clark at the above address, by phone at 801-530-6709, by FAX at 801-530-6796, or by Internet E-mail at [e-mail]

Authorized by:

David Clark, Legal Counsel

Effective:

10/06/2011

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