Case Background
On
October 17, 2018, a Notice of Development of Rulemaking was published in the
Florida Administrative Weekly for Rule 25-12.005, Florida Administrative Code
(F.A.C.). Rule 25-12.005, F.A.C., implements the minimum federal safety standards
and reporting requirements for pipeline facilities and transportation of natural
gas as prescribed by the Pipeline and Hazardous Materials Safety Administration (PHMSA)
regulations. The federal regulations are found in 49 Code of
Federal Regulations (C.F.R.) Parts 191, 192, and 199. The purpose of the rule
amendment is to incorporate by reference into the rule the February 14, 2019,
version of the federal standards (49 CFR Parts 191, 192, and 199) that apply to
natural gas pipeline operators under the Commission’s jurisdiction.
This
recommendation addresses whether the Commission should propose the amendment of
Rule 25-12.005. No requests for a rule development workshop were made, so no
workshop was held. The Commission has jurisdiction pursuant to Section 120.54,
Florida Statutes (F.S.), and Sections 368.03 and 368.05, F.S.
Discussion
of Issues
Issue 1:
Should the Commission propose the amendment of Rule
25-12.005, F.A.C., Codes and Standards Adopted?
Recommendation:
Yes, the Commission should propose the amendment of Rule
25-12.005, F.A.C., as set forth in Attachment A. The Commission should certify that Rule
25-12.005, F.A.C., is not a rule that the violation of which would be a minor
violation pursuant to Section 120.695, F.S. (Harper, Moses)
Staff Analysis:
Rule 25-12.005, F.A.C.,
implements federal reporting requirements and safety standards, including drug and alcohol
employee reporting standards and requirements for employees of natural gas
pipeline operators and emergency response persons under the direct authority or
control of a gas utility or gas pipeline operator. The rule incorporates by reference the
federal regulations that apply to natural gas pipeline operators within the
Commission’s jurisdiction that are found in 49 C.F.R. Parts 191, 192, and 199. Staff
is recommending that Rule 25-12.005, F.A.C., be amended to incorporate by
reference the February 14, 2019, version of the C.F.R., as set forth in
Attachment A. Specifically, the updated C.F.R. provisions clarify and streamline
the standards pertaining to pipeline safety regulations, such as excess flow
valves, underground natural gas storage facilities, and accident and incident
notification.
Minor Violation Rules Certification
Pursuant to Section 120.695, F.S., beginning July 1, 2017,
for each rule filed for adoption the agency head shall certify whether any part
of the rule is designated as a rule the violation of which would be a minor
violation. Rule 25-12.005, F.A.C., is a not a rule for which a violation would
be minor because violation of the rule would result in physical harm to a
person and have an adverse effect on the public health, safety, or welfare or
create a significant threat of such harm. Thus, staff recommends that the
Commission certify that Rule 25-12.005, F.A.C., is not a rule that the
violation of which would be a minor violation pursuant to Section 120.695, F.S.
Statement of Estimated Regulatory Costs
Pursuant to Section 120.54, F.S., agencies are encouraged
to prepare a statement of estimated regulatory costs (SERC) before the
adoption, amendment, or repeal of any rule. The SERC is appended as Attachment C
to this recommendation. The SERC analysis also includes whether the rule is
likely to have an adverse impact on growth, private sector job creation or
employment, or private sector investment in excess of $1 million in the
aggregate within five years of implementation.
The SERC concludes that the rule will not likely directly
or indirectly increase regulatory costs in excess of $200,000 in the aggregate
in Florida within one year after implementation. Further, the SERC concludes that the rule
will not likely have an adverse impact on economic growth, private sector job
creation or employment, private sector investment, business competitiveness,
productivity, or innovation in excess of $1 million in the aggregate within
five years of implementation. Thus, the rule does not require legislative
ratification pursuant to Section 120.541(3), F.S. In addition, the SERC states that the rule
will not have an adverse impact on small business and will have no impact on small
cities or counties. No regulatory alternatives were submitted pursuant to
paragraph 120.541(1)(a), F.S. None of
the impact/cost criteria established in paragraph 120.541(2)(a), F.S., will be
exceeded as a result of the recommended amendments.
Conclusion
Based on the foregoing, staff recommends the Commission
propose the amendment of Rule 25-12.005, F.A.C., as set forth in Attachment A. In
addition, staff recommends that the Commission certify that Rule 25-12.005,
F.A.C., is not a rule that the violation of which would be a minor violation
pursuant to Section 120.695, F.S.
Issue 2:
Should this docket be closed?
Recommendation:
Yes. If no requests for hearing or comments are
filed, the rule may be filed with the Department of State for adoption, and the
docket should be closed. (Harper)
Staff Analysis:
If no requests for hearing or comments are filed,
the rule may be filed with the Department of State for adoption, and the docket
should be closed.
25-12.005 Codes and Standards Adopted.
The Minimum Federal Safety Standards and reporting
requirements for pipeline facilities and transportation of gas prescribed by
the Pipeline and Hazardous Materials Safety Administration in 49 C.F.R. 191 and
192 (2019) (2017), are adopted and incorporated by reference as
part of these rules. 49 C.F.R. 191 (2019) (2017) may be accessed
at [insert hyperlink] http://www.flrules.org/Gateway/reference.asp?No=Ref-07920.
49 C.F.R. 192 (2019) (2017) may be accessed at [insert
hyperlink] http://www.flrules.org/Gateway/reference.asp?No=Ref-07923.
49 C.F.R. 199 (2019) (2017), “Drug and Alcohol Testing,” is
adopted and incorporated by reference to control drug use, by setting standards
and requirements to apply to the testing and use of all emergency response
personnel under the direct authority or control of a gas utility or pipeline
operator, as well as all employees directly or indirectly employed by gas
pipeline operators for the purpose of operation and maintenance and all
employees directly or indirectly employed by intrastate gas distribution
utilities for onsite construction of natural gas transporting pipeline
facilities. 49 C.F.R. 199 (2019) (2017) may be accessed at [insert
hyperlink] http://www.flrules.org/Gateway/reference.asp?No=Ref-07921.
Part 199 also is adopted to prescribe standards for use of employees who do not
meet the requirements of the regulations.
Rulemaking
Authority 368.03, 368.05(2), 350.127(2) FS. Law Implemented 368.03, 368.05 FS.
History–New 11-14-70, Amended 9-24-71, 9-21-74, 10-7-75, 11-30-82, 10-2-84,
Formerly 25-12.05, Amended 8-8-89, 1-7-92, 5-13-99, 4-26-01, 12-15-09,
10-11-12, 3-2-17, ________.
