{"operation":"document","citation":"PI-72-044","title":"Arkansas Public Service Commission — Pipeline Safety Interpretation","source_type":"guidance","agency":"Pipeline and Hazardous Materials Safety Administration","status":"guidance","official":true,"published_on":"1972-10-26","effective_on":null,"summary":"PI-72-044 response to Arkansas Public Service Commission concerning 192.1.","machine_formats":{"json":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-72-044.json","markdown":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-72-044.md"},"app_url":"https://regulus.evalyn.ai/document/phmsa-interpretation-pi-72-044","source_url":"https://www.phmsa.dot.gov/sites/phmsa.dot.gov/files/legacy/interpretations/Interpretation%20Files/Pipeline/1972/PI72044.pdf","body":"<<<PAGE 1>>>\n\nOctober 26, 1972\nMr. Benjamin C. McMinn\nGeneral Counsel\nArkansas Public Service Commission\nJustice Building\nLittle Rock, Arkansas 72201\nDear Mr. McMinn:\nYour letter of October 12, 1972, advises that the Commission is considering whether to request\nlegislation amending the Arkansas Pipeline Safety Act of 1971 to except the Commission from\nfollowing the Arkansas Administrative Procedures Act (APA). You ask whether, for Federal\npurposes, we consider it necessary that the Commission be required to follow the notice and\nhearing requirements of the APA.\nThere is no requirement in the Federal Natural Gas Pipeline Safety Act of 1968 that a State\nagency afford opportunity for interested persons to present oral testimony and argument in\nconnection with State adoption of Federal safety standards even though such a requirement is\nimposed on the Secretary in Section 3(d) of the Federal Act.\nHowever, Section 3(e) of the Federal Act requires the Secretary to give notice and opportunity\nfor hearing prior to his decision on an application for waiver of compliance with any regulation\nestablished under the Act. Also under Section 3(e), a State agency may waive compliance with a\nsafety standards, \"in the same manner as the Secretary\". This is interpreted to mean that a State\nagency must give notice and opportunity for hearing on an application for a waiver.\nProcedurally, in connection with waivers, it may be possible for the notice and hearing\nrequirements to be met by administrative action of the States legislature. If the Commission could\nmeet these requirements administratively, exemption of the Commission from the Arkansas APA\nwould not place its certification in\ndal\\192.1-a\\1\\72-10-26\n1\n\n<<<PAGE 2>>>\n\njeopardy, nor raise a question with regard to the Commission's eligibility for Federal grants-in-aid.\nQualification for certification or grants is not dependent on whether the Arkansas APA applies or\nnot, but on whether the agency actually meets the requirements of the Natural Gas Pipeline Safety\nAct of 1968.\nIf you have further questions in this regard, please do not hesitate to call on us.\nSincerely,\nJoseph C. Caldwell\nDirector\nOffice of Pipeline Safety\ndal\\192.1-a\\1\\72-10-26\n2","truncated":false,"body_characters":2214}