mercial area such as a subdivision, a business or shopping center, a community development, or any similar populated area which the Secretary defines as a nonrural area; (d) "Pipeline facilities" includes, without limitation, new and existing pipe, rights-of-way, and any equipment, facility, or building used in the transportation of gas or the treatment of gas during the course of transportation; (e) "State" includes each of the several States, the District of Columbia, and the Commonwealth of Puerto Rico; means a (f) "Municipality" city, county, or any other political subdivision of a State; (g) "Interstate transmission facilities" means pipeline facilities used in the transportation of gas which are subject to the jurisdiction of the Federal Power Commission under the Natural Gas Act; (h) "Secretary" means the Secretary of Transportation or any person to whom he has delegated his authority in the matter concerned; and (i) "USAS B31.8" means the United States of America Standard Code for Pressure Piping-Gas Transmission and Distribution Piping System published by the American Society of Mechanical Engineers. § 190.3 ence. Matter incorporated by refer (a) Incorporation. There are hereby incorporated, by reference, into this part, the standards described and identified in §§ 190.4 and 190.5. These standards are thereby made part of this part. Standards subject to change are incorporated as they are in effect on August 12, 1968. (b) Availability. The standards incorporated into this part by reference are available as set forth below. In addition all incorporated standards are available for inspection in the Office of Pipeline Safety, Department of Transportation, Room 806B, 800 Independence Avenue SW., Washington, D.C. (1) USAS Standard Code for Pressure Piping-Gas Transmission and Distribution Piping Systems-B31.8-United States of America Standards Institute, 10 East 40th Street, New York, N.Y. 10016. (2) State codes incorporated by reference at the addresses shown in § 190.5(c). § 190.4 Interim minimum Federal safety standards for States in which no standards were in effect on August 12, 1968. (a) Section 3(a) of the Natural Gas Pipeline Safety Act of 1968 requires the establishment as interim minimum Federal safety standards for pipeline facilities and the transportation of gas, in each State in which no such standards were in effect on August 12, 1968, standards as are common to a majority of States having safety standards. (b) Based on a review of the standards in the jurisdictions having such standards in effect on August 12, 1968, it is found that the standards common to a majority of the States having standards are the standards contained in the 1968 edition of the USAS B31.8. (c) In accordance therewith, the interim minimum Federal safety standards for pipeline facilities and the transportation of gas in the States of Nebraska and South Dakota and the Commonwealth of Puerto Rico are the standards set forth in the 1968 edition of the USAS B31.8. § 190.5 Interim minimum Federal safety standards for pipeline facilities and the transportation of gas in States with standards in effect on August 12, 1968. (a) Section 3(a) of the Natural Gas Pipeline Safety Act of 1968 requires the Secretary to adopt as interim minimum safety standards for pipeline facilities and the transportation of gas in States with standards in effect on August 12, 1968, the State standards in effect on that date. (b) In accordance with paragraph (a) of this section, the interim minimum Federal safety standards for pipeline facilities and the transportation of gas for the States and the District of Columbia listed in paragraph (c) of this section are those portions of the standards set forth in the document referenced following the name of that jurisdiction that are safety standards relating to the transportation of gas and pipeline facilities, as in effect on August 12, 1968. The incorporation by reference in this section of a regulation includes both the substantive and the procedural requirements of that regulation. Notwithstanding any exceptions (whether geographic, relating to kinds of facilities covered, or other safety standards wise) contained in a regulation incorporated by reference in this section, the minimum Federal adopted apply as Federal standards to all pipeline facilities and to all transportation of gas in that State. (c) The State standards incorporated by reference are: Alabama-Commission Docket 15957-Special Gas Rules and Informal Docket U-2222. Alabama Public Service Commission, Post Office Box 991, State Office Building, Montgomery, Ala. 36102. Alaska-Chapter 95-Gas Utility Safety Regulations. Alaska Public Service Commission, 700 MacKay Building, 338 Denali Street, Anchorage, Alaska 99501. Arizona-General Order U-47. Public Service Commission, Justice Building, Governing the Design, Construction, Operation, Maintenance, and Inspection of Gas Holders and Liquid Hydrocarbon Vessels. General Order No. 112-B-Rules Govering Design, Construction, Testing, Maintenance, and Operation of California Utility Gas Transmission and Distribution Systems. Public Utilities Commission, State of Callfornia, California State Building, San Francisco, Calif. 94102. Colorado-Rules 4, 18, and 24 of Rules Regulating the Service of Gas Utilities, Public Utilities Commission of the State of Colorado Case No. 5321, Decision No. 68570. Public Utilities Commission, State of Colorado, 1845 Sherman Street, Denver, Colo. 80203. Connecticut-Docket No. 8950, sections 1.01 through 2.03, 3.05, 3.06, and 6.01 through 7.06 of Gas Distribution Companies Rules, Regulations and Standards and, Docket 10050-Regulations for High Pressure Natural Gas Transmission Pipelines. Public Utilities Commission, State Office Building, 165 Capitol Avenue, Hartford, Conn. 06115. Delaware-PSC Docket No. 496, Order No. 890. The Public Service Commission, Old State House, Dover, Del. 19901. Florida-Chapter 310-12 of the Rules of Florida Public Service Commission, as amended by Emergency Order No. 4369, Docket No. 5563. Florida Public Service Commission, 700 South Adams Street, Tallahassee, Fla. 32304. Georgia-Nondocket Order Dated April 23, 1968. In Re: Rules and Regulations for the Safe Installation and Operation of Natural Gas Transmission and Distribution Facilities. Georgia Public Service Commission, 244 Washington Street SW., Atlanta, Ga. 30334. Hawaii-Standards for Gas Service, Calorim etry, Holders and Vessels-General Order No. 9, Chapter I, Parts I, II, V, VIII, and Chapter III. Public Utilities Commission, Department of Regulatory Agencies, Post Office Box 541, Honolulu, Hawaii 96809. Idaho-Safety Regulations and Service Standards, Sections I through III; General Order No. 98 issued August 1, 1955, as amended. Idaho Public Utilities Commission, Statehouse, Boise, Idaho 83707. Illinois-General Order No. 43-Rules Governing Reports of Accidents by Public Utilities Other Than Railroads and Street Railroads; General Order No. 185, Rules Relating to Underground Public Utility Facilities; and General Order No. 192, Revised, Rules for the Construction and Operation of Gas Transmission and Distribution Piping Systems. Illinois Commerce Commission, 401 South Public Service Commission, 901 State Office Iowa State Commerce Commission, State Kentucky-Rules I through III and VI of PSC: Gas-1 and Rules I through VI of PSC: Gas, SP-1. Legislative Research Commission, Frankfort, Ky. 40601. Louisiana-Resolution of the Louisiana Public Service Commission relating to uniform Safety Standards for Pipeline Facilities and Transportation, Distribution, and Storage of Gas dated February 14, 1968. Louisiana Public Service Commission, Post Office Box 44035, Baton Rouge, La. 70804. Maine Maine Public Utilities Commission General Order No. 27. Public Utilities Commission, Augusta, Maine 04330. Maryland-Sections 101 through 203, 501 through 504, and 801 through 807 of the Public Service Commission of Maryland Regulations Governing Service Supplied by Gas Companies, Case 5905. Public Service Commission, Engineering Department, 301 West Preston Street, Baltimore, Md. 21201. Massachusetts-D.P.U. 12769, June 21, 1960, D.P.U. 9734-B, January 23, 1963, D.P.U. 11725-C, February 15, 1967, D.P.U. 11725-D, July 31, 1968. Massachusetts Department of Public Utilities, Engineering Division, 100 Cambridge Street, Boston, Mass. 02202. Michigan-Michigan Administrative Code, R460.2804 through R460.2879. Michigan Public Service Commission, Fifth Floor, Lewis Cass Building, Lansing, Mich. 48913. Minnesota-Section (b) (6) of the Liquified Petroleum Gas Code. State of Minnesota, Fire Marshall Department, St. Paul, Minn. 55101. Mississippi-Mississippi Public Service Commission Order U-1416, dated August 31, 1967. Mississippi Public Service Commission, 1105 Woolfolk Building, Post Office Box 1174, Jackson, Miss. 39201. Missouri-Public Service Commission General Order No. 45. Missouri Public Service Commission, 100 East Capitol Avenue, Jefferson City, Mo. 65101 Montana-Rules and Regulations for Imple- Order, Case No. New Hampshire-Sections I, II, and VI through VIII of the "Rules and Regulations Prescribing Standards for Gas Utilities". Public Utilities Commission, Concord, N.H. 03301. New Jersey-Board of Public Utility Com missioners Administrative Order 14:295. State of New Jersey, Department of Public Utilities, Board of Public Utilities, Regulations, Chapter IV, Sections 14:442-1, 14:442-1a, 14:442-2a, 14:443-4, 4a, 4b, and 4c. Board of Public Utility Commissioners, 1100 Raymond Boulevard, Newark, N.J. 07102. New Mexico-Rules and Regulations of the Corporation Commission of the State of New Mexico Relating to Gas Pipelines. New Mexico Public Service Commission, State Capitol Building, Sante Fe, N. Mex. 87501. New York-Parts 255, 256, and 257 of Title 16 of the Official Compilation of Codes, Rules, and Regulations of the State of New York. Public Service Commission, 44 Holland Avenue, Albany, N.Y. 12208. North Carolina-Articles 1, 2, 5, and 8 of Chapter 6 of the Rules and Regulations of the North Carolina Utilities Commission. Utilities Commission, Box 991, Raleigh, N.C. 27602. North Dakota-Public Service Commission Gas Piping Safety Code adopted February 13, 1968. Public Service Commission, State Capitol Oregon-Oregon Public Utility Commissioners, 1968, Division II, Rules and Regulations 24-005 through 24-015, and 24-340 through 24-400. Secretary of State, 121 State Capitol, Salem, Oreg. 97310. Pennsylvania-Section 201, and Rules 1, 21, 23, 24, and 25 of section 202 of the Pennsylvania Public Utility Commission Gas Regulations. Pennsylvania Public Utility Commission, Post Office Box 3265, Harrisburg, Pa. 17120. Rhode Island-Sections 20 through 28 of the Rules and Regulations Prescribing Standards for Gas Utilities. Department of Business Regulation, Division of Public Utilities, 49 Westminster Street, Providence, R.I. 02903. South Carolina-The Rules and Regulations Governing the Operation of Gas Utilities in South Carolina, except sections 301 through 406, sections 601 through 609. The Public Service Commission of South Carolina, 328 Wade Hampton Office Building, Columbia, S.C. 29201. Tennessee-Tennessee Public Service Commission Rule 57: Adoption of American Standard Code for Pressure Piping, Gas Transmission and Distribution Systems. Tennessee Public Service Commission, Cordell Hull Building, Nashville, Tenn. 37219. Texas-Gas Utility Docket No. 377. Gas Utilities Division, Railroad Commission of Texas, Box EE, Capitol Station, Austin, Tex. 78711. Utah-Sections 1.01 through 1.08, 2.02, 3.05, and 6.01 through 7.05 of General Order No. 70 of the Public Service Commission of Utah. Public Service Commission of Utah, 330 General Order No. 42, Rules and Regula tions Applicable to Construction and Operation of Gas Distribution Systems. Section 16, 25, 26, and 27 of General Order No. 43, Rules and Regulations Prescrib- State of Vermont, Public Service Board, 7 No. State Corporation Commission, Engineering Division, Box 1197, Richmond, Va. 23209. Washington-Washington Utilities and Transportation Commission's Rules and Regulations Pertaining to Matters of Public Safety in the Construction and Operation of Facilities for the Transmission and Distribution of Gas. Washington Utilities and Transportation Commission, Insurance Building, Olympia, Wash. 98501. West Virginia-Rules 8, 9, 10, 45, and 46 of the West Virginia Public Service Commission's Rules and Regulations for the Government of Gas Utilities. West Virginia Public Service Commission, Charleston, W. Va. 25305. Wisconsin-Chapter PSC 135, Wisconsin Administrative Code Department of Administration, Document Sales, Room B243, 1 West Wilson Street, Madison, Wis. 53702. Wyoming-Rules 44 and 64.1 of Part III of the Rules of the Public Service Commission of Wyoming. State of Wyoming, Public Service Commis- § 190.6 Action by States as agents of the Department of Transportation with respect to interstate transmission facilities. (a) Any State agency of any State having authority, under the laws of that State, to exercise safety jurisdiction over interstate transmission facilities and that desires to exercise that authority as an agent of the Secretary of Transportation, is hereby authorized to do so. Each State agency exercising that authority shall notify the Director, Office of Pipeline Safety, in writing, of its intention to exercise that authority. (b) Whenever a State procedural requirement incorporated under § 190.5 would require, with respect to interstate transmission facilities, the submission of any plans or other data to a State agency that requirement continues in effect and that State agency is to act as an agent of the Department under paragraph (a) of this section in receiving those documents. Incorporation by reference provisions approved by the Director of the Federal Register on November 12, 1968. FINDING AIDS A list of current CFR volumes, a list of superseded CFR volumes, and a list of CFR titles, subtitles, chapters, subchapters and parts are included in the subject index volume to the Code of Federal Regulations which is published separately and revised annually. Table of CFR Titles and Chapters Alphabetical List of CFR Subtitles and Chapters Redesignation Tables List of Sections Affected |