# K.A.R. 82-11-9: Waiver provisions **Citation:** K.A.R. 82-11-9 **Type / status:** regulation / current **Agency:** Kansas Corporation Commission **Effective:** 1999-03-12 **Published:** 1999-03-12 Authenticated Kansas natural-gas pipeline-safety rule addressing waiver provisions. ## Document text (a) Upon application by any person engaged in the transportation of gas or the operation of pipeline facilities, compliance with any regulation of this article that is not incorporated by reference from 49 CFR 191-192 may be waived, in whole or in part, by the commission if the commission determines that the waiver is consistent with pipeline safety. The provision of notice of the proposed waiver and an opportunity for hearing on the application for waiver may be required by the commission. In addition, the waiver shall be granted only under these circumstances: (1) By order of the commission; and (2) after notice and opportunity for hearing, if ordered by the commission. The waiver shall be subject to any terms, conditions, and limitations deemed appropriate by the commission. (b) Upon application by any person engaged in the transportation of gas or the operation of pipeline facilities, compliance with any regulation of this article that is incorporated by reference from 49 CFR 191-192 may be waived, in whole or in part, by the commission if the commission determines that the waiver is consistent with pipeline safety. The provision of notice of the proposed waiver and an opportunity for hearing on the application for waiver may be required by the commission. In addition, the waiver shall be granted only under these circumstances: (1) By order of the commission; (2) after notice and opportunity for hearing, if ordered by the commission; and (3) upon approval of the US department of transportation under 49 USC 1671 et seq. The waiver shall be subject to any terms, conditions, and limitations deemed appropriate by the commission. (Authorized by and implementing K.S.A. 66-1,150; effective, T-82-10-28-88, Oct. 28, 1988; effective, T-82-2-25-89, Feb. 25, 1989; revoked, T-82-3-31-89, April 30, 1989; effective May 1, 1989; amended March 12, 1999.) ## Provenance - Official: Yes - Source: - Source ID: `ks-sos-kar-82-11` - SHA-256: `43e709a3070f0d4c46e33c5a18153870758220f7aeb2e4fb9336a25bc5792ad6` - Retrieved: 2026-08-20T09:59:28.207Z - Exported: 2026-08-25T00:48:30.736Z - Document slug: `ks-kar-82-11-9` ### Source metadata ```json { "jurisdiction": "US-KS", "category": "pipeline-safety-administration", "article": "K.A.R. Article 82-11", "articleTitle": "Natural Gas Pipeline Safety", "policyUuid": "873247fd-e0d5-4287-beee-6071923b8f64", "currentVersionUuid": "9c788858-541b-4f08-a9d1-38524835ef1c", "authenticated": true, "currentTextSource": "Kansas Secretary of State current-regulations database", "scopeCaveat": "This corpus contains all 11 rules that the Kansas Secretary of State current-regulations database identifies as effective in K.A.R. Article 82-11, Natural Gas Pipeline Safety. It does not claim all Kansas pipeline law: Article 82-10 liquid-pipeline rules, Article 82-14 damage-prevention rules, Kansas statutes, Commission orders, forms, and incorporated federal or private materials are outside this bounded corpus.", "applicabilityCaveat": "Applicability depends on Kansas Corporation Commission jurisdiction, the operator and facility, intrastate or interstate status, the gas and activity involved, statutory coverage, exemptions, waivers, federal preemption, and Commission orders. Article 82-11 includes special treatment for small gas operators, master-meter systems, yard lines, gathering lines, storage facilities, LNG facilities, and particular reporting or testing duties; verify the controlling law and facts before relying on a rule.", "incorporationCaveat": "Article 82-11 adopts or modifies federal requirements including 49 C.F.R. Parts 191, 192, and 199 as in effect October 1, 2018, and references Part 40, federal forms, Kansas regulations, statutes, manuals, and technical standards. The authenticated Kansas text controls the state modifications. This connector preserves explicit references but does not reproduce incorporated material, update a fixed-date adoption to later federal text, or determine licensing or legal effect of external standards.", "publicationCaveat": "The Secretary of State authenticated current-regulations documents are the controlling current-text source for this connector. The KCC compilation is independently archived and reconciled because it includes the December 10, 2021 amendments, but its cover calls it an unofficial copy, adopts federal text only through fixed dates, and says its federal presentation runs through January 2022. The 2023 and 2025 biennial Kansas Register indexes contain no later Article 82-11 action; currentness still must be rechecked on every refresh.", "rightsCaveat": "Authenticated Kansas administrative regulation text and other government edicts are preserved with official attribution and cryptographic provenance. Public access does not grant rights in agency seals, website presentation, forms, manuals, incorporated federal compilations, or privately authored standards; those materials and downstream redistribution require a separate rights review.", "rightsReviewRequired": true, "repealedInventory": [], "references": [ { "citation": "49 U.S. Code § 1671", "referenceType": "united-states-code", "url": "https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section1671&num=0&edition=prelim" }, { "citation": "K.S.A. 66-1,150", "referenceType": "kansas-statute", "url": "https://www.ksrevisor.gov/statutes/chapters/ch66/066_001_0150.html" } ], "federalReferences": [ { "citation": "49 U.S. Code § 1671", "referenceType": "united-states-code", "url": "https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title49-section1671&num=0&edition=prelim" } ], "stateReferences": [ { "citation": "K.S.A. 66-1,150", "referenceType": "kansas-statute", "url": "https://www.ksrevisor.gov/statutes/chapters/ch66/066_001_0150.html" } ], "explicitHistory": "(Authorized by and implementing K.S.A. 66-1,150; effective, T-82-10-28-88, Oct. 28, 1988; effective, T-82-2-25-89, Feb. 25, 1989; revoked, T-82-3-31-89, April 30, 1989; effective May 1, 1989; amended March 12, 1999.)", "amendmentReconciliation": { "amendedDecember2021": false, "noLaterActionIn2022Through2025BiennialIndexes": true, "kccBookIsControllingText": false }, "region": "KS" } ```