# Definitions

**Citation:** 199.3  
**Type / status:** regulation / current  
**Agency:** Arkansas Public Service Commission  
**Effective:** Not stated  
**Published:** Not stated

§ 199.3 Definitions As used in this part facilities. Accident means an incident reportable under Part 191 involving gas pipeline facilities or LNG Administrator means the Administrator, Pipeline and Hazardous Materials Safety Administration or his or her delegate. Covered employee, employee, or indi

## Document text

§ 199.3 Definitions As used in this part facilities. Accident means an incident reportable under Part 191 involving gas pipeline facilities or LNG Administrator means the Administrator, Pipeline and Hazardous Materials Safety Administration or his or her delegate. Covered employee, employee, or individual to be tested means a person who performs a covered function, including persons employed by operators, contractors engaged by operators, and persons employed by such contractors. Covered function means an operations, maintenance, or emergency-response function regulated by part 192, 193, or 195 of this chapter that is performed on a pipeline. DOT Procedures means the Procedures for Transportation Workplace Drug and Alcohol Testing Programs published by the Office of the Secretary of Transportation in part 40 of this title. Fail a drug test means that the confirmation test result shows positive evidence of the presence under DOT Procedures of a prohibited drug in an employee's system. Operator means a person who owns or operates pipeline facilities subject to Part 192 or Part 193 of this Code. Pass a drug test means that initial testing or confirmation testing under DOT Procedures does not show evidence of the presence of a prohibited drug in a person's system. Performs a covered function includes actually performing, ready to perform, or immediately available to perform a covered function. Positive rate for random drug testing means the number of verified positive results for random drug tests conducted under this part plus the number of refusals of random drug tests required by this part, divided by the total number of random drug tests results (i.e., positives, negatives, and refusals) under this part. Prohibited drug means any of the substances specified in 49 CFR part 40. Refuse to submit, refuse, or refuse to take means behavior consistent with DOT Procedures concerning refusal to take a drug test or refusal to take an alcohol test. State agency means an agency of any of the several states, the District of Columbia, or Puerto Rico that participates under the pipeline safety laws (49 U.S.C. 60101 et seq.).

## Provenance

- Official: Yes
- Source: <https://codeofarrules.arkansas.gov/Rules/Rule?chapterID=40&levelType=part&partID=1394&subChapterID=392&titleID=23>
- Source ID: `ar-car-pipeline-safety`
- SHA-256: `c2b3e90c53e19b0825a7f8e35573e035abc9b2313b21205a316ec74828b58808`
- Retrieved: 2026-08-12T08:10:37.612Z
- Exported: 2026-08-22T05:08:07.575Z
- Document slug: `ar-car-23-500-199-3`

### Source metadata

```json
{
  "jurisdiction": "US-AR",
  "subject": "intrastate-gas",
  "caveats": {
    "exactScope": "The searchable corpus contains every current numbered section, the code-wide definitions, and every operative appendix in official 23 CAR Part 500, plus direct pipeline rules 15 CAR sections 275-406 and 275-504. Reserved and removed provisions are inventory-only.",
    "excludedScope": "This is not all Arkansas pipeline law. Standalone statutes, dockets and orders, one-call law, utility rates and service, siting, environmental permits, highway crossings, local law, forms, and incorporated third-party standards are excluded. Other current AOGC gas and transportation rules are inventoried as adjacent production, conservation, storage, or fluid-transport material.",
    "applicabilityCaveat": "APSC administers certified intrastate gas safety downstream of producer custody transfer. AOGC section 275-406 separately reaches specified producer or producer-affiliated natural-gas systems. AOGC section 275-504 imposes state permitting and operational duties on specified hazardous-liquid pipelines, but PHMSA states that it directly inspects and enforces intrastate hazardous-liquid pipeline safety in Arkansas. Inclusion does not establish applicability to a particular facility.",
    "incorporationCaveat": "AOGC sections 275-406 and 275-504 use dynamic 'as amended' wording for federal Parts 190, 191, 192, 195, and 199. Part 500 is a state code that reproduces and modifies federal-derived gas provisions. References and relationship records do not substitute a retrieval-date federal text or decide the legal effect of incorporation.",
    "publicationCaveat": "The Code of Arkansas Rules identifies its online database as the official version, effective as a publication system January 1, 2025, updated weekly, and potentially behind recent agency rulemaking. The official Part 500 page reports Ark. R. 2026-6 effective January 8, 2026; its PDF is headed August 22, 2025 and Docket 25-025-R. Retrieval and site-update dates are publication observations, not inferred legal effective dates for every section.",
    "rights": "Official Arkansas and federal government artifacts are archived with attribution and SHA-256 provenance. Public access does not settle rights in seals, site presentation, forms, incorporated standards, or third-party material; downstream redistribution requires separate review."
  },
  "rightsReviewRequired": true,
  "references": [
    {
      "citation": "49 CFR Part 40",
      "referenceType": "federal-regulation",
      "url": "https://www.ecfr.gov/current/title-49/subtitle-B/chapter-I/subchapter-D/part-40"
    }
  ],
  "codePart": "23 CAR pt. 500",
  "partEffectiveOn": "2026-01-08",
  "partEffectiveDateNotImputedToIndividualProvision": true,
  "federalDerivedStateCode": true,
  "sourceCollection": "ar-car-23-part-500",
  "region": "AR"
}
```
