NOTICES
Ratification and Adoption of Amendments to 49 CFR Parts 192 and 199; Doc. No. M-00021597
[32 Pa.B. 1277] Public Meeting held
February 7, 2002Commissioners Present: Glen R. Thomas, Chairperson; Robert K. Bloom, Vice Chairperson; Kim Pizzingrilli, Abstaining; Aaron Wilson, Jr.; Terrance J. Fitzpatrick
Order By the Commission:
At 52 Pa. Code § 59.33(b) the Commission has adopted, excepted 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.
A. On August 20, 2001, at 66 FR 43523, Amendment 192-90 was adopted and codified by the DOT at 49 CFR 192.803 and 192.809(c). The purpose of this amendment was to make corrections to the final regulation on qualification of pipeline personnel, which was published on August 27, 1999, at 64 FR 46853. These corrections are minor and do not affect the substance or content of the rule.
B. On September 11, 2001, at 66 FR 47114, amendment 199-19 was adopted and codified by the DOT at 49 CFR 199.1, 199.2, 199.3, 199.5, 199.7, 199.9(a) and (b), 199.11, 199.13, 199.15, 199.17, 199.19, 199.21, 199.23, 199.25, 199.100, 199.101, 199.103(a)(1) and (b)(2), 199.105(b), (c)(3), (4) and (e), 199.107, 199.109(b), (c) and (d), 199.111(b) and (c), 199.113, 199.115, 199.117(b), 199.119, 199.201, 199.202, 199.203, 199.205, 199.207, 199.213, 199.225(a)(2)(ii) and (b)(4)(ii), 199.231(g). The purpose of this amendment is to bring the pipeline facility drug and alcohol testing regulations into conformity DOT's ''Procedures for Transportation Workplace Drug and Alcohol Testing Programs.''
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 the DOT 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 amendment adopted by the DOT is hereby ratified and adopted in accordance with the provisions of 52 Pa. Code § 59.33(b):
(a) On August 20, 2001, at 66 FR 43523 to 49 CFR 192.803 and 192.809(c).
(b) On September 11, 2001, at 66 FR 47114 to 49 CFR 199.1, 199.2, 199.3, 199.5, 199.7, 199.9(a) and (b), 199.11, 199.13, 199.15, 199.17, 199.19, 199.21, 199.23, 199.25, 199.100, 199.101, 199.103(a)(1) and (b)(2), 199.105(b), (c)(3), (4) and (e), 199.107, 199.109(b), (c) and (d), 199.111(b) and (c), 199.113, 199.115, 199.117(b), 199.119, 199.201, 199.202, 199.203, 199.205, 199.207, 199.213, 199.225(a)(2)(ii) and (b)(4)(ii), 199.231(g).
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.
JAMES J. MCNULTY,
Secretary
[Pa.B. Doc. No. 02-360. Filed for public inspection March 1, 2002, 9:00 a.m.]
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