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PA Bulletin, Doc. No. 97-240

NOTICES

Ratification and Adoption of Amendments to Parts 191, 192, 193 and 199 of Title 49 of the Code of Federal Regulations; Doc. No. M-00960892

Commissioners Present: John M. Quain, Chairperson; Lisa Cruchfield, Vice Chairperson; John Hanger; David W. Rolka; Robert K. Bloom

[27 Pa.B. 851]

Public meeting held
December 19, 1996

Order

By the Commission:

   At 52 Pa. Code § 59.33(b) the Commission has adopted, except as otherwise indicated, the Federal safety standards for gas transmission and distribution facilities. The Federal standards are established by the United States Department of Transportation (DOT) at 49 U.S.C.A. § 60101, et seq., and are set forth in Parts 191, 192, 193 and 199 of Title 49 of the Code of Federal Regulations. Section 59.33(b) provides, in pertinent part, that amendments to Title 49 will become effective in Pennsylvania upon the date of entry of a Commission ratification order where that order is served upon all jurisdictional gas companies or, alternatively, upon the date of such order's publication in the Pennsylvania Bulletin.

   On April 26, 1996, at 61 Fed. Reg. 18512, amendment 191-10, 192-74, 193-10, and 199-13 were adopted and codified by the Federal Department of Transportation at 49 CFR 191.3, 191.19, 191.25, 191.11(b)(2), 192.227(b), 192.361(f)(1), 192.367(a), 192.511(a), 192.603(c), 192.623, 193.2001(a), 193.2007, 193.2017(a), 193.2321(a), 193.2515(c), 199.3, 199.7(b) and 199.205. The purpose of these amendments was to update regulations to reflect current titles, addresses, amendment summaries, typographical errors and statutory citations. In addition, unnecessary gender specific terms have been changed to gender neutral terms. Also, on July 24, 1996, at 61 Fed. Reg. 38403, the amendment number 192-74 was corrected to 192-75.

   On May 24, 1996, at 61 Fed. Reg. 26121 amendments that were not identified by number were adopted and codified by the Federal Department of Transportation at 49 CFR 192.63(a)(1), 192.189(c), 192.625(b)(2)(iv)(c), 192.625(b)(3), 192.625(b)(4). Appendix A of Part 192 is amended by revising §§ I D, II A(1), (3), and (4), II B, II C(3) to (6) and II E. Appendix A to Part 193 is amended by revising §§ II C, II D(1) and (3), II E, II F and II G. The purpose of these amendments is to update references to voluntary specifications and standards to reflect more recently published editions of each document. Also, on July 15, 1996, at 61 Fed. Reg. 36825, the previously unidentified amendments were identified as 192-76 and 193-11. Corrections were also listed for § 192.63(a)(1) changing one word from singular to plural, and Appendix B to Part 192 by revising § I.

   On June 3, 1996, at 61 Fed. Reg. 27789 amendments that were not identified by number were adopted and codified by the Federal Department of Transportation at §§ 191.1(b)(1), 192.513(c), 192.513(d), 193.2819(f), 193.2907(a) and 193.2907(b). The purpose of these amendments is to change various administrative practices in the pipeline safety program and make minor modifications to requirements for gas detection, protective enclosures, and pipeline testing temperatures. Also, on August 30, 1996, at 61 Fed. Reg. 45905 the previously unidentified amendments were identified as 191-11, 192-77 and 193-12 and minor typographical errors were corrected.

   On June 6, 1996, at Fed. Reg. 28770 amendment 192-76 was adopted and codified by the Federal Department of Transportation at §§ 192.1(b)(1), 192.1(b)(4), 192.3, 192.5, 192.7(a), 192.11, 192.107(b)(1)(ii), 192.121, 192.123(b), 192.179(a), 192.203(b)(2), 192.227(b), 192.229(c), 192.229(d), 192.241(c), 192.243(d)(4), 192.281(c)(3), 192.281(c)(4), 192.283(a)(1)(i), 192.283(a)(1)(ii), 192.283(a)(1)(iii), 192.317(a), 192.319(c), 192.321(a), 192.321(g), 192.327(a), 192.327(e), 192.327(f), 192.327(g), 192.375(a), 192.455(a)(2), 192.455(f)(1), 192.475(c), 192.485(c), 192.491, 192.533(d), 192.607 (removed), 192.611(a)(3)(ii), 192.611(b), 192.611(c), 192.611(d), 192.614(b)(2), 192.619(a)(1), 192.619(a)(4), 192.619(b), 192.625(f), 192.705(c), 192.709, 192.721(b), and Appendix A. On June 18, 1996, at 61 Fed. Reg. 30824 the amendment number was corrected from 192-76 to 192-78. On July 5, 1996, at Fed. Reg. 35139 a correction was made to § 192.5(c)(2). On August 7, 1996, at Fed. Reg. 41019 a correction was made to Appendix A. This amendment changes miscellaneous gas pipeline safety regulations to provide clarity and eliminate unnecessary requirements.

   On June 20, 1996, at 61 Fed. Reg. 31449 amendment 192-79 was adopted and codified as § 192.381. The purpose of this amendment was to publish performance standards for excess flow valves used to protect single residence service lines.

   On July 17, 1996, at 61 Fed. Reg. 37222 an unnumbered amendment was adopted and codified at § 199.205. The purpose of this amendment was to delete the definition of ''Substance Abuse Professional''.

   Copies of the aforementioned Federal Register publications are attached hereto and are hereby made part of this order.

   Keeping in mind the safety of the public, we have reviewed the above-referenced amendments in accordance with the provisions of 52 Pa. Code § 59.33. Based upon this review, we find the Department of Transportation amendments to be in the public interest and adopt them as our own. The effective date of our adoption of the aforementioned amendments shall be the date upon which this order is entered;

Therefore It Is Ordered That:

   1.  The following amendments adopted by the U. S. Department of Transportation are hereby ratified and adopted in accordance with the provisions of 52 Pa. Code § 59.33(b):

   (a)  On April 26, 1996, at 61 Fed. Reg. 18512 and on July 24, 1996, at 61 Fed. Reg. 38403 to 49 CFR 191.3, 191.19, 191.25, 192.11(b)(2), 192.227(b), 192.361(f)(1), 192.367(a), 192.511(a), 192.603(c), 192.623, 192.2001(a), 193.2007, 193.2017(a), 193.2321(a), 193.2515(c), 199.3, 199.7(b) and 199.205.

   (b)  On May 24, 1996, at 61 Fed. Reg. 26121 on July 15, 1996, at 61 Fed. Reg. 36825 to 49 CFR 192.63(a)(1), 192.189(c), 192.625(b)(2)(iv)(c), 192.625(b)(3), 192.625(b)(4), Appendix A to Part 192 at §§ I D, II A(1), II A(3), II A(4), II B, II C(3) to (6), II E, and Appendix A to Part 193 §§ II C, II D(3), II E, II F and II G.

   (c)  On June 3, 1996, at 61 Fed. Reg. 27789 and on August 30, 1996, at 61 Fed. Reg. 45905 to 49 CFR 191.1(b)(1), 192.513(c), 192.513(d), 192.513(f), 193.2907(a) and 193.2907(b).

   (d)  On June 6, 1996, at 61 Fed. Reg. 28770, on June 18, 1996, at 61 Fed. Reg. 30824, on July 5, 1996, at 61 Fed. Reg. 35139, on August 7, 1996, at 61 Fed. Reg. 41019 to 49 CFR 192.1(b)(1), 192.1(b)(4), 192.3, 192.5, 192.7(a), 192.11, 192.107(b)(1)(ii), 192.121, 192.123(b), 192.179(a), 192.203(b)(2), 192.227(b), 192.229(c), 192.229(d), 192.241(c), 192.243(d)(4), 192.281(c)(3), 192.281(c)(4), 192.283(a)(1)(i), 192.283(a)(1)(ii), 192.283(a)(1)(iii), 192.317(a), 192.319(c), 192.321(a), 192.321(g), 192.327(a), 192.327(e), 192.327(f), 192.327(g), 192.375(a), 192.455(a)(2), 192.455(f)(1), 192.475(c), 192.485(c), 192.491, 192.553(d), 192.607(removed), 192.611(a)(3)(iii), 192.611(b), 192.611(c), 192.611(d), 192.614(b)(2), 192.619(a)(1), 192.619(a)(4), 192.619(b), 192.625(f), 192.705(c), 192.709, 192.721(b), Appendix A to Part 192.

   (e)  On June 20, 1996, at 61 Fed. Reg. 31449 to 49 CFR 192.381.

   (f)  On July 17, 1996, at 61 Fed. Reg. 37222 to 49 CFR 199.205.

   2.  The Secretary shall serve copies of this order together with its attachments upon all jurisdictional gas utilities. 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.

JOHN G. ALFORD,   
Secretary

[Pa.B. Doc. No. 97-240. Filed for public inspection February 14, 1997, 9:00 a.m.]


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