# Waiver of compliance; application; investigation **Citation:** 170 IAC 5-3-5 **Type / status:** regulation / current **Agency:** Indiana Utility Regulatory Commission **Effective:** Not stated **Published:** 2022-03-17 Sec. 5. (a) An operator may file a petition with the commission, following the procedures in 170 IAC 1-1.1, for authorization to: (1) construct, install, or use material and equipment that have not been approved; or (2) waive in whole or in part compliance with a code, standard, or regulation establ ## Document text Sec. 5. (a) An operator may file a petition with the commission, following the procedures in 170 IAC 1-1.1, for authorization to: (1) construct, install, or use material and equipment that have not been approved; or (2) waive in whole or in part compliance with a code, standard, or regulation established under this rule. (b) The commission shall investigate an application made under subsection (a), and, if it determines that the application of waiver of compliance with the code, standard, or regulation is not inconsistent with gas pipeline safety, the commission may grant the waiver after due compliance with the requirements of state statute and the provisions of the Natural Gas Pipeline Safety Act of 1968 and the Hazardous Liquid Pipeline Safety Act of 1979 with regard to the waiver. Authorization will not be granted to install or use materials or equipment that are specifically prohibited by the federal or state regulations. Authority: IC 8-1-1-3; IC 8-1-22.5-4 Affected: IC 8-1-2 (Indiana Utility Regulatory Commission; No. 32885: Minimum Safety Standards for Transportation of Gas and Related Pipeline Facilities Rule 5; filed May 12, 1972, 10:30 a.m.: Rules and Regs. 1973, p. 545; readopted filed Jul 11, 2001, 4:30 p.m.: 24 IR 4233; readopted filed Apr 24, 2007, 8:21 a.m.: 20070509-IR-170070147RFA; errata filed Jul 21, 2009, 1:33 p.m.: 20090819-IR-170090571ACA; filed Feb 9, 2010, 9:24 a.m.: 20100310-IR-170090190FRA; filed May 27, 2016, 11:39 a.m.: 20160622-IR-170150424FRA; filed Mar 17, 2022, 12:34 p.m.: 20220413-IR-170210213FRA) ## Provenance - Official: Yes - Source: - Source ID: `in-iga-170-iac-5-3` - SHA-256: `a66327df5950fd760f8280fb376c53c0aab81849764224184b23bed1ec692fe6` - Retrieved: 2026-08-20T07:26:52.749Z - Exported: 2026-08-24T14:41:18.048Z - Document slug: `in-iac-170-5-3-5` ### Source metadata ```json { "jurisdiction": "US-IN", "editionYear": 2026, "titleNumber": 170, "article": 5, "ruleGroup": 3, "rule": "5", "ruleGroupTitle": "Minimum Safety Standards for the Transportation of Gas, Hazardous Liquids, Carbon Dioxide Fluids, and Related Pipeline Facilities", "corpusScope": "complete-current-170-iac-5-3", "ruleCount": 15, "authority": "Authority: IC 8-1-1-3; IC 8-1-22.5-4", "affected": "Affected: IC 8-1-2", "publisherHistory": "(Indiana Utility Regulatory Commission; No. 32885: Minimum Safety Standards for Transportation of Gas and Related Pipeline Facilities Rule 5; filed May 12, 1972, 10:30 a.m.: Rules and Regs. 1973, p. 545; readopted filed Jul 11, 2001, 4:30 p.m.: 24 IR 4233; readopted filed Apr 24, 2007, 8:21 a.m.: 20070509-IR-170070147RFA; errata filed Jul 21, 2009, 1:33 p.m.: 20090819-IR-170090571ACA; filed Feb 9, 2010, 9:24 a.m.: 20100310-IR-170090190FRA; filed May 27, 2016, 11:39 a.m.: 20160622-IR-170150424FRA; filed Mar 17, 2022, 12:34 p.m.: 20220413-IR-170210213FRA)", "references": [ { "citation": "IC 8-1-1-3", "referenceType": "indiana-code", "url": "https://iga.in.gov/laws/2026/ic/titles/8#8-1-1-3" }, { "citation": "IC 8-1-2", "referenceType": "indiana-code", "url": "https://iga.in.gov/laws/2026/ic/titles/8#8-1-2" }, { "citation": "IC 8-1-22.5-4", "referenceType": "indiana-code", "url": "https://iga.in.gov/laws/2026/ic/titles/8#8-1-22.5-4" } ], "currentDateBasis": "Current placement and exact text in the official 2026 Indiana Administrative Code article; publisher history dates are not inferred effective dates.", "applicabilityCaveat": "Applicability depends on the definitions in 170 IAC 5-3-0.5, Indiana Utility Regulatory Commission jurisdiction, intrastate pipeline and operator status, transported commodity and facility type, federal preemption, waivers, Commission orders, and each provision's terms. The IURC program page states that PHMSA has jurisdiction over interstate operators and describes limits involving emerging pipeline commodities.", "incorporationCaveat": "170 IAC 5-3-0.6 incorporates specified United States Department of Transportation rules in 49 CFR Parts 40, 191, 192, 193, 194, 195, 198, and 199 as of July 1, 2024, subject to Indiana revisions in section 2. Other provisions reference statutes, federal acts, forms, technical guidance, and external standards. This connector records those references but does not reproduce incorporated material or imply that later federal amendments automatically apply.", "pendingRuleCaveat": "IURC RM #26-07 proposes amendments to 170 IAC 5-3. The official IURC index places it under Pending Rules, not under Effective Rules; its workflow status may advance through Final Rule and State Review before effectiveness. Proposed RM #26-07 text is provenance only and is not included in these current documents.", "publicationCaveat": "The official 2026 Indiana Administrative Code article is controlling for this corpus and contains fifteen current rules, including 170 IAC 5-3-6, filed January 24, 2025. The IURC program page's displayed Commission Rules list currently omits 170 IAC 5-3-6 and uses shortened titles for some entries. The connector preserves the exact publisher titles and records this agency-page lag rather than omitting an effective rule.", "rights": "The Indiana Legislative Services Agency is the official publisher of the Indiana Administrative Code. Official legal text and government source pages are retained with attribution and cryptographic provenance. State seals, agency marks, site presentation, forms, linked material, and incorporated federal or third-party standards may carry separate rights and require downstream review.", "rightsReviewRequired": true, "region": "IN" } ```