# 8001 Rules to Establish an Intrastate Gas Pipeline Safety Compliance Program - 10.0 Granting of Federal Regulation Waivers

**Citation:** 26 Del. Admin. C. § 8001-10.0  
**Type / status:** regulation / current  
**Agency:** Delaware Public Service Commission  
**Effective:** 2009-09-11  
**Published:** 2009-09-01

Granting of Federal Regulation Waivers. 10.1 Upon application by an Operator, the Commission may grant a waiver from compliance with the Federal Regulations, subject to review by the Office of Pipeline Safety Regulation of the United States Department of Transportation.

10.2 Waivers may be granted for particular circumstances where it is inappropriate for an Operator to follow a regulation of gen

## Document text

10.1 Upon application by an Operator, the Commission may grant a waiver from compliance with the Federal Regulations, subject to review by the Office of Pipeline Safety Regulation of the United States Department of Transportation.

10.2 Waivers may be granted for particular circumstances where it is inappropriate for an Operator to follow a regulation of general applicability.

10.3 Before granting a waiver, the Commission must give notice and opportunity for written comments and a public hearing, unless the Commission finds that notice is impracticable, unnecessary, not in the public interest, or that an emergency exists.

10.4 If the Commission finds a requested waiver is consistent with gas pipeline safety and is otherwise justified, the waiver may be issued under appropriate terms and conditions with a statement of the reasons for granting the waiver.

10.5 If the Commission finds a requested waiver is inconsistent with gas pipeline safety or is otherwise unjustified, the request must be denied, and the applicant notified of the reasons for denial.

10.6 The Commission must give the Office of Pipeline Safety Regulation of the United States Department of Transportation written notice of each waiver at least sixty (60) days before it becomes effective. Each notice of waiver must provide the following information:

10.6.1 The name, address, and telephone number of the applicant;

10.6.2 The safety standards involved;

10.6.3 A description of the Regulated Facilities involved; and

10.6.4 The justification for the waiver, including the reasons why the standards are not appropriate and why the waiver is consistent with gas pipeline safety.

## Provenance

- Official: Yes
- Source: <https://regulations.delaware.gov/AdminCode/title26/8001>
- Source ID: `de-admin-code`
- SHA-256: `2a5e44caa79102f6ba85a93491734c52c90450bb1156a63f42f0bb6402f171d9`
- Retrieved: 2026-08-20T09:32:30.577Z
- Exported: 2026-08-24T03:56:33.718Z
- Document slug: `de-admin-code-8001-10-0`

### Source metadata

```json
{
  "jurisdiction": "US-DE",
  "title": 26,
  "regulatoryGroup": "8000 Gas Regulations",
  "regulationNumber": "8001",
  "section": "10.0",
  "scopeKind": "core-pipeline-safety",
  "legalScope": "Complete current Regulation 8001 core intrastate gas-pipeline compliance program.",
  "applicabilityCaveat": "Regulation 8001 applies to covered intrastate gas pipeline and LNG facilities and expressly excludes Commission enforcement as to interstate pipeline facilities. Operator, facility, fuel, customer-count, public-place, federal jurisdiction, and waiver status must be checked before applying a provision.",
  "incorporationCaveat": "Regulation 8001 dynamically references 49 U.S.C. chapter 601 and 49 CFR Parts 190, 191, 192, 193, 198, and 199 as amended. This connector records those references but does not reproduce the incorporated federal provisions.",
  "rights": "Delaware provides authenticated Administrative Code PDFs under its Uniform Electronic Legal Material Act implementation, but the Regulations site does not state a general open-content license. Preserve attribution and provenance; review redistribution of site presentation, state marks, linked forms, and incorporated federal or third-party material separately.",
  "authenticatedPdfId": "2f14da29-89f0-416d-8945-bb4da8686a65",
  "references": [
    {
      "citation": "49 CFR 190",
      "referenceType": "cfr",
      "url": "https://www.ecfr.gov/current/title-49/subtitle-B/chapter-I/subchapter-D/part-190"
    },
    {
      "citation": "49 CFR 191",
      "referenceType": "cfr",
      "url": "https://www.ecfr.gov/current/title-49/subtitle-B/chapter-I/subchapter-D/part-191"
    },
    {
      "citation": "49 CFR 192",
      "referenceType": "cfr",
      "url": "https://www.ecfr.gov/current/title-49/subtitle-B/chapter-I/subchapter-D/part-192"
    },
    {
      "citation": "49 CFR 193",
      "referenceType": "cfr",
      "url": "https://www.ecfr.gov/current/title-49/subtitle-B/chapter-I/subchapter-D/part-193"
    },
    {
      "citation": "49 CFR 198",
      "referenceType": "cfr",
      "url": "https://www.ecfr.gov/current/title-49/subtitle-B/chapter-I/subchapter-D/part-198"
    },
    {
      "citation": "49 CFR 199",
      "referenceType": "cfr",
      "url": "https://www.ecfr.gov/current/title-49/subtitle-B/chapter-I/subchapter-D/part-199"
    }
  ],
  "region": "DE"
}
```