No. 29438 (Amendment): R746-409. Pipeline Safety

DAR File No.: 29438
Filed: 01/26/2007, 02:15
Received by: NL

RULE ANALYSIS

Purpose of the rule or reason for the change:

The purpose of this amendment is to update references and to remove no longer used definitions found in the existing rule.

Summary of the rule or change:

The amendment updates the Code of Federal Regulations (CFR) reference from 10/01/2004 to 10/01/2006. This necessarily requires the adoption of Part 198 in place of Part 193. The amendment also updates the telephone number for the contact to the State's Pipeline Safety Office. The amendment further eliminates definitions for "Master Meter System" and "Public place," which are not used in the pipeline safety rule.

State statutory or constitutional authorization for this rule:

Sections 54-13-3, 54-13-5, and 54-13-6

This rule or change incorporates by reference the following material:

The proposed amendment eliminates adoption of 49 CFR Part 193; replacing 49 CFR Part 193 with 49 CFR 198, and updates all referred 49 CFR Parts (190, 191, 192, 198, and 199) to the October 1, 2006, version of the CFR

Anticipated cost or savings to:

the state budget:

There are no costs or savings anticipated for any state agency as the rule amendment simply updates references to current federal rules and to current telephone numbers.

local governments:

There will be no costs or savings for any local governments as the rule, even with the proposed amendment, does not have application to any local government or local government activity.

other persons:

There are no costs of savings anticipated for any other persons as the rule amendment simply updates references to current federal rules and to current telephone numbers.

Compliance costs for affected persons:

There are no compliance costs from the proposed amendment for a person subject to the rule as the proposed amendment simply updates references to current federal regulations and to current telephone numbers.

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

The proposed amendment is not anticipated to have any fiscal impact on any business as the rule amendment simply updates references to current federal rules and to current telephone number of the responsible state agency. Rick Campbell, Commission Chairman

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]

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:

03/19/2007

This rule may become effective on:

03/26/2007

Authorized by:

Sandy Mooy, Legal Counsel

RULE TEXT

R746. Public Service Commission, Administration.

R746-409. Pipeline Safety.

R746-409-1. General Provisions.

A. Scope and Applicability -- To enable the Commission to carry out its duties regarding pipeline safety under Chapter 13, Title 54, the following rules shall apply to persons owning or operating an intrastate pipeline facility as defined in that chapter, or a segment of that chapter including, but not limited to, master meter systems, as well as persons engaged in the transportation of gas.

B. Adoption of Parts 190, 191, 192, [193]198, and 199 -- The Commission hereby adopts, and incorporates by this reference, CFR Title 49, Parts 190, 191, 192, [193]198, and 199, as amended, October 1, [2004]2006. Persons owning or operating an intrastate pipeline facility in Utah, or a segment thereof, as well as persons engaged in the transportation of gas, shall comply with the minimum safety standards specified in those Parts of CFR Title 49.

 

R746-409-2. Definitions.

For purposes of these rules, the following terms shall bear the following meanings:

A. "CFR" means the Code of Federal Regulations;

B. "Commission" means the Public Service Commission of Utah;

C. "Division" means the Division of Public Utilities, Utah Department of Commerce;

[D. "Master Meter System" means a pipeline system that distributes natural gas or liquid propane gas within a public place, such as a mobile home park, housing project, apartment complex, school, university or hospital and which is owned, operated and maintained by an operator that purchases the gas from an outside source.

E]D. "Part 190" means CFR Title 49, Part 190 entitled, Pipeline Safety Program Procedures.

[F]E. "Part 191" means CFR Title 49, Part 191, entitled, Transportation of Natural and Other Gas by Pipeline; Annual Reports, Incident Reports, and Safety-Related Condition Reports.

[G]F. "Part 192" means CFR Title 49, Part 192 entitled, Transportation of Natural and Other Gas by Pipeline: Minimum Federal Safety Standards.

[H. "Part 193" means CFR Title 49, Part 193 entitled, Liquified Natural Gas Facilities: Federal Safety Standards.]G. "Part 198" means CFR Title 49, Part 198 entitled, Regulations for Grants to Aid State Pipeline Safety Program.

[I]H. "Part 199" means CFR Title 49, part 199 entitled, Drug Testing.[

J. "Public place" means a highway, street, alley or other parcel of land, essentially unobstructed, which is subject to easement, deeded, dedicated or otherwise appropriated to the public for public use, and where the public exists, traverses or is likely to frequent.]

 

R746-409-4. Accidents or Incidents Reports and Annual Reports.

A. U.S. Department of Transportation -- An operator shall report to the U.S. Department of Transportation (800-424-8802) accidents or incidents involving its pipeline facilities operated within the state of Utah that cause personal injuries requiring in-patient hospitalization, fatality, or estimated damage to property totaling $50,000 or more.

B. Commission Notification -- The Commission shall be notified of the accidents or incidents as soon as possible, consistent with public welfare and safety. In those instances where a telephonic report to the United States Department of Transportation is required, a similar report of the accident or incident shall be made by telephone to:

Utah Division of Public Utilities

Lead Pipeline Safety Engineer

P.O. Box 146751

Salt Lake City, Utah 84145-6751

Telephone: 801-530-[6667]6673

801-530-6652

800-874-0904

C. Written Report -- An operator, except for master meter systems, shall furnish to the Commission, within 30 days after the occurrence of a reportable accident or incident, a written report of the accident or incident. The report may be made on the standard USDOT form designated Accident or Incident Report, or on a form acceptable to the Commission showing the same information. If certain information is not available, the incomplete report should be submitted indicating this unavailability. When the information becomes available, a supplemental report will be submitted.

D. Annual Report -- An operator, except for master meter systems, shall submit an annual report for that system on DOT form RSPA F 7100.1-1. This report must be submitted annually, not later than March 15, for the preceding calendar year. Operators who file annual reports to federal agencies in accordance with 49 CFR, part 191, are required to file copies of the reports with this Commission. Annual reports may be sent to the same address as noted in Subsection R746-409-4B.

 

KEY: rules and procedures, safety, pipelines

Date of Enactment or Last Substantive Amendment: [June 28, 2001]2007

Notice of Continuation: November 29, 2006

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