Waivers of Gas Pipeline Safety Standards

(1)Upon request or its own motion, the Commission may waive any of the Division 031 rules for good cause shown. A request for waiver must be made in writing, unless otherwise allowed by the Commission. The application must include a statement of reasons why the regulations are not appropriate and why a waiver is consistent with gas pipeline safety. The Commission may grant a waiver if:#

(a)The noncompliance does not entail a significant risk to the operator's employees or the public; or#

(b)The degree of risk does not justify the expense of bringing the system into compliance.#

(2)If the Commission decides to grant a waiver, it shall issue the waiver under such terms and conditions as are appropriate, with a statement of reasons for granting the waiver. The waiver shall contain a recital that it is subject to the approval of the Secretary of Transportation of the United States Department of Transportation. If the Commission denies the waiver, it shall notify the applicant of the reasons for the denial.#

(3)The Commission shall give the Secretary of Transportation of the United States Department of Transportation written notice 60 days before the effective date of the waiver. If, before the effective date of the waiver, the Secretary objects in writing to the granting of the waiver, the Commission's action granting the waiver will be stayed. The Commission may present the case for the waiver to the Secretary, who, in such case, shall determine finally whether the requested waiver will be granted. If the Commission does not present the case for the waiver to the Secretary, the grant of the waiver shall be withdrawn and the waiver shall be denied.#