NOTICES
Order
[33 Pa.B. 5486] Public Meeting held
October 16, 2003Commissioners Present: Terrance J. Fitzpatrick, Chairperson; Robert K. Bloom, Vice Chairperson; Glen R. Thomas; Kim Pizzingrilli
Ratification and Adoption of Amendment to Part 192 of Title 49 of the Code of Federal Regulations; Doc. No. M-00031766
Order By the Commission:
At 52 Pa. Code § 59.33(b) the Commission has adopted, except as otherwise indicated, the Federal safety standards for natural 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 this Commonwealth upon the date of entry of a Commission ratification order where that order is served upon all jurisdictional natural gas companies or, alternatively, upon the date of such order's publication in the Pennsylvania Bulletin.
A. On August 6, 2002, at 67 Federal Register 50824, amendment 192-77 was adopted and codified by the DOT at 49 CFR 192. The primary purpose of this amendment is to define areas where a pipeline rupture would lead to the greatest consequences to the public. The rule defines areas of high consequence where a gas pipeline accident could do considerable harm to people and their property. The definition includes: current class 3 and 4 locations; facilities with persons who are mobility impaired, confined or hard to evacuate and places where people gather for recreational and other purposes. For facilities with mobility impaired, confined or hard-to-evacuate persons and places where people gather, the corridor of protection from the pipeline is 300 feet, 660 feet or 1,000 feet depending on the pipeline's diameter and operating pressure.
Copies of the aforementioned Federal Register publications follow the original order.
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 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 6, 2002, at 67 Federal Register 50824, to 49 CFR 192.761.
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. 03-2133. Filed for public inspection October 31, 2003, 9:00 a.m.]
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