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

10.1Upon 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.#

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

10.3Before 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.#

10.4If 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.#

10.5If 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.#

10.6The 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:#

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

10.6.2The safety standards involved;#

10.6.3A description of the Regulated Facilities involved; and#

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