Case Background
Rule 25-12.005,
Florida Administrative Code (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 adoption of the federal codes is
required by the Commission’s certification agreement with the PHMSA pursuant to
49 United States Code (U.S.C.) § 60105. The federal regulations are found in 49
Code of Federal Regulations (C.F.R.) Parts 191, 192, and 199.
Staff initiated
rulemaking to amend Rule 25-12.005, F.A.C., for the purpose of incorporating by
reference into the rule the updated, October 1, 2021, version of the federal
standards (49 C.F.R. Parts 191, 192, and 199) that apply to natural gas
pipeline operators under the Commission’s jurisdiction.
A Notice of Rule
Development for this rule appeared in the August 19, 2022, edition of the
Florida Administrative Register, Vol. 48, No. 162. No requests for a rule
development workshop were made, and no workshop was held. This recommendation
addresses whether the Commission should propose the amendment of Rule
25-12.005, F.A.C. The Commission has jurisdiction pursuant to Sections 120.54,
368.03, and 368.05, Florida Statutes (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 also
certify that Rule 25-12.005, F.A.C., is not a rule the violation of which would
be a minor violation pursuant to Section 120.695, F.S. (Rubottom, Kissel)
Staff Analysis:
Rule 25-12.005, F.A.C., implements federal reporting
requirements and safety standards, including safety and incident reporting
requirements, gas transportation safety standards, and drug and alcohol testing
protocols 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 federal regulations found
in 49 C.F.R. Parts 191, 192, and 199 that apply to natural gas pipeline
operators within the Commission’s jurisdiction. Staff recommends that Rule 25-12.005,
F.A.C., be amended as set forth in Attachment A to incorporate by reference the
updated version of the federal regulations as published in the October 1, 2021,
version of the C.F.R.
The updated C.F.R. provisions further clarify and define
the standards pertaining to pipeline safety regulations. This includes new
requirements for onshore steel transmission lines such as the reconfirmation of
maximum allowable operating pressures, the establishment of medium consequence
areas, and new requirements for inline inspection tool launcher and receiver
safety. The standards for plastic pipe have also been revised to include the
use of new material, more stringent standards for plastic fittings and joints,
stronger mechanical fitting requirements, and joining tool maintenance and
calibration. Other revisions to the C.F.R. include provisions required by the
PIPES Act of 2020 and an
update to the list of documents that are incorporated into the C.F.R. by
reference.
Minor
Violation Rules Certification
Pursuant to Section 120.695, F.S., 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 not on the Commission’s minor violation rule list because
violation of the rule would result in physical harm to a person; adverse effects
on the public health, safety, or welfare; or would create a significant threat
of such harm. Thus, if the Commission proposes the amendment, staff recommends
that the Commission certify that Rule 25-12.005, F.A.C., is not a rule 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.
Agencies are required to prepare a SERC for any rule that will have an adverse
impact on small business or that is likely to directly or indirectly increase
regulatory costs in excess of $200,000 in the aggregate within one year after
implementation. The SERC
analysis includes whether the rule will, within five years of implementation,
have an adverse impact in excess of $1 million in the aggregate on economic factors
such as economic growth, private sector job creation or employment, private
sector investments, or business competitiveness, productivity, or innovation. If
expected adverse impacts or regulatory costs exceed any of the above criteria, a
proposed rule may not take effect until it is ratified by the Legislature.
A SERC was prepared and is appended hereto as Attachment
B. The SERC concludes that the rule will not have an adverse impact on small
business and that the rule is not likely to directly or indirectly increase
regulatory costs in excess of $200,000 in the aggregate 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, or business competitiveness,
productivity, or innovation in excess of $1 million in the aggregate within
five years of implementation. None of the adverse impact or regulatory cost
criteria set forth in Section 120.541(2)(a), F.S., will be exceeded as a result
of the recommended amendments to the rule. 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 have no impact on small cities or counties and
will not increase the cost to the Commission to implement and enforce the rule.
No regulatory alternatives have been submitted pursuant to Section
120.541(1)(a), F.S.
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 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 JAPC comments are filed, and no proposal for a lower
cost regulatory alternative is submitted, the rule may be filed with the
Department of State for adoption, and the docket should be closed. (Rubottom)
Staff Analysis:
If no requests for hearing or JAPC comments are
filed, and no proposal for a lower cost regulatory alternative is submitted
pursuant to Section 120.541(1)(a), F.S., 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
reporting requirements for operators of natural gas pipeline facilities and
transportation of gas prescribed by the Pipeline and Hazardous Materials
Safety Administration in 49 C.F.R. Part 191 (October 1, 2021 2018),
are is adopted and incorporated by reference as part of these
rules and may be accessed at [new hyperlink] http://www.flrules.org/Gateway/reference.asp?No=Ref-10790. The mMinimum fFederal
sSafety sStandards for natural gas pipeline
facilities and the transportation of natural gas prescribed by
the Pipeline and Hazardous Materials Safety Administration in 49 C.F.R. Part
192 (October 1, 2021) Sections 192.121, 192.123, 192.143, 192.145,
192.149, 192.191, 192.204, 192.281, 192.283, 192.285, 192.3, 192.313, 192.321,
192.329, 192.367, 192.375, 192.376, 192.455, 192.513, 192.59, 192.720, 192.756,
of 49 C.F.R. 192, as amended by 83 Federal Register 58716, November 20, 2018,
are adopted and incorporated by reference as part of these rules and may be
accessed at [new hyperlink] http://www.flrules.org/Gateway/reference.asp?No=Ref-10792.
The remaining sections of 49 C.F.R. 192, as of October 1, 2018, are adopted
and incorporated by reference as part of these rules and may be accessed at http://www.flrules.org/Gateway/reference.asp?No=Ref-10794. 49 C.F.R. 199 (October 1,
2018), “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. The drug and alcohol testing requirements
prescribed by the Pipeline and Hazardous Materials Safety Administration in
49 C.F.R. Part 199 (October 1, 2021 2018) are adopted
and incorporated by reference as part of these rules and may be accessed at
[new hyperlink] http://www.flrules.org/Gateway/reference.asp?No=Ref-10791.
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, 7-10-19, .
