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Montana Administrative Register Notice 38-2-210 No. 20   10/28/2010    
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BEFORE THE DEPARTMENT OF PUBLIC SERVICE REGULATION

OF THE STATE OF MONTANA

 

In the matter of the amendment of

ARM 38.5.2202 and 38.5.2302 pertaining to pipeline safety

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NOTICE OF PROPOSED AMENDMENT

 

NO PUBLIC HEARING CONTEMPLATED

            TO:  All Concerned Persons

 

1.  On December 1 2010 the Department of Public Service Regulation (PSC) proposes to amend the above stated rules.

 

2.  The PSC will make reasonable accommodations for persons with disabilities who wish to participate in this rulemaking process or who need an alternative accessible format of this notice.  If you require an accommodation contact the PSC no later than 4:00 p.m. on November 18 2010 to advise us of the nature of the accommodation you need.  Please contact Verna Stewart PSC Secretary 1701 Prospect Avenue, P.O. Box 202601 Helena Montana 59620-2601; telephone (406) 444-6170; TTD (406) 444-6199; fax (406) 444-7618; or e-mail vstewart@mt.gov.

 

3.  The rules proposed to be amended provide as follows stricken matter interlined new matter underlined:

  

38.5.2202  INCORPORATION BY REFERENCE OF FEDERAL PIPELINE SAFETY REGULATIONS  (1)  The commission adopts and incorporates by reference the U.S. Department of Transportation (DOT) Pipeline Safety Regulations Code of Federal Regulations (CFR) Title 49 chapter 1 subchapter D parts 191 192 and 193 including all revisions and amendments enacted by DOT on or before October 31, 2009 October 31 2010. A copy of the referenced regulations may be obtained from United States Department of Transportation Office of Pipeline Safety Western Region 12300 West Dakota Avenue Suite 110 Lakewood Colorado 80228 or may be reviewed at the Public Service Commission Offices 1701 Prospect Avenue Helena Montana 59620-2601.

 

AUTH:  69-3-207 MCA

IMP:  69-3-207 MCA

 

38.5.2302  INCORPORATION BY REFERENCE OF FEDERAL PIPELINE SAFETY REGULATIONS -- DRUG AND ALCOHOL TESTING AND PREVENTION PROGRAMS  (1)  Except as otherwise provided in this subchapter the commission adopts and incorporates by reference the DOT Pipeline Safety Regulations Drug and Alcohol Testing 49 CFR 199 including all revisions and amendments enacted by DOT on or before October 31, 2009 October 31 2010.  A copy of the referenced CFRs is available from the United States Department of Transportation Office of Pipeline Safety Western Region 12300 West Dakota Avenue Suite 110 Lakewood Colorado 80228 or may be reviewed at the Public Service Commission Offices 1701 Prospect Avenue Helena Montana 59620-2601.

 

AUTH:  69-3-207 MCA

IMP:  69-3-207 MCA

 

4.  Amendment of ARM 38.5.2202 and 38.5.2302 (annual update) is necessary to allow the PSC to administer the most recent version of federal rules applicable in the PSC's administration of all federal aspects of Montana's pipeline safety programs.

 

5.  Concerned persons may submit their written data views or arguments (original and 10 copies) to Legal Division Public Service Commission 1701 Prospect Avenue P.O. Box 202601 Helena MT 59620-2601 and must be received no later than November 29 2010 5:00 p.m. or may be submitted to the PSC through the PSC's web-based comment form at http://psc.mt.gov (go to "Contact Us" "Comment on Proceedings Online" then complete and submit the form) no later than November 29 2010. (PLEASE NOTE: When filing comments pursuant to this notice please reference "Docket No. L-10.10.1-RUL.")

 

6.  The Montana Consumer Counsel 111 North Last Chance Gulch Helena Montana 59620-1703 telephone (406) 444-2771 is available and may be contacted to represent consumer interests in this matter.

 

7.  If persons who are directly affected by the proposed amendment wish to express their data views or arguments either orally or in writing at a public hearing they must make written request for a hearing and submit this request along with any written comments to Justin Kraske Legal Division Public Service Commission 1701 Prospect Avenue P.O. Box 202601 Helena Montana 59620-2601 or e-mail jkraske@mt.gov to be received no later than 5:00 p.m. November 29 2010.

 

8.  If the PSC receives requests for a public hearing on the proposed action from either 10 percent or 25 whichever is less of the persons directly affected by the proposed action; from the appropriate administrative rule review committee of the Legislature; from a governmental subdivision or agency; or from an association having not less than 25 members who will be directly affected a hearing will be held at a later date.  Notice of the hearing will be published in the Montana Administrative Register.  Ten percent of those directly affected has been determined to be 2 entities based on the 27 entities affected.

           

9.  The PSC maintains a list of interested persons who wish to receive notices of rulemaking actions proposed by the PSC.  Persons who wish to have their name added to the list shall make a written request which includes the name e-mail address and mailing address of the person to receive notices and specifies that the person wishes to receive notices regarding: electric utilities providers and suppliers; natural gas utilities providers and suppliers; telecommunications utilities and carriers; water and sewer utilities; common carrier pipelines; motor carriers; rail carriers; and/or administrative procedures.  Such written request may be mailed or delivered to Public Service Commission Legal Division 1701 Prospect Avenue P.O. Box 202601 Helena Montana 59620-2601 faxed to Verna Stewart at (406) 444-7618 e-mailed to vstewart@mt.gov or may be made by completing a request form at any rules hearing held by the PSC.

 

            10.  An electronic copy of this Proposal Notice is available through the Secretary of State's web site at http://sos.mt.gov/ARM/Register.  The Secretary of State strives to make the electronic copy of the notice conform to the official version of the notice as printed in the Montana Administrative Register.  However the PSC advises that it will decide any conflict between the official version and the electronic version in favor of the official printed version.  In addition although the Secretary of State works to keep its web site accessible at all times concerned persons should be aware that the web site may be unavailable during some periods due to system maintenance or technical problems.

 

11.  The bill sponsor contact requirements of 2-4-302 MCA do not apply.

 

 

/s/ Greg Jergeson                                                     /s/ Al Brogan

Greg Jergeson, Chairman                                       Al Brogan

Public Service Commission                                    Rule Reviewer

 

Certified to the Secretary of State, October 18, 2010.

 

 

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