Nebraska State Register

Amend 291, Ch. 8 Grain Warehouse and Grain Dealers Rules and Regulations. The following changes are being proposed due to the passage of LB 262: 1. Change Warehouseman to Warehouse Operator 2. Update definition of Grain to add organic 3. Increase requirements surrounding a primary party background check for both Grain Warehouses and Grain Dealers 4. Increase required maximum security for both Grain Warehouses and Grain Dealers 5. Remove Commission requirement to set maximum storage rates The following changes were proposed at the discretion of the Commission: 1. In Section 001, various definitions were formatted or removed. Some definitions were unnecessary or redundant. 2. Forms and references to forms within the rules were removed. This gives the Commission flexibility to update its forms if needed. 3. 002.03F & 003.02F application deadline was added. Allows Commission to dispose of dockets that have been abandoned by the applicant. 4. 002.04C3 disallowed stock insurance deductible and the value of LLCs to appraisals. Aligns with standard industry practice. 5. 002. 05A 1 increased the formula for security calculation from $.20 per bushel to $.25. Needed updated to keep up with current industry trends regarding capacity and to account for inflation. 6. 002.05A3 increased the formula for security calculation from $.020 per bushel to $.025. Needed updated to keep up with current industry trends regarding capacity and to account for inflation. 7. 002.05D2, 002.05D3, & 003.0482 added the National Credit Union Administration as an accepted financial institution. Added in response to request from the industry. 8. 002.06C removed the requirement to submit an application to the Commission if a Warehouse holds a deductible on its insurance greater than $10,000. Removes unnecessary requirement to file an application, but still allows Commission review. 9. 002.07C was removed. Aligns with standard industry practices and current Commission practices. 10. Modernized sections to allow for electronic record keeping and filings throughout the rules. 11 . 003.03H increased net worth requirement for Grain Dealers from $10,000 to $250,000. Needed updated to keep up with current industry trends regarding grain business capacity and to account for inflation. 12. 003.04A increased formula to calculate minimum security required from 7% to 10% of grain purchases. Needed updated to keep up with current industry trends regarding grain business capacity and to account for inflation.

Amend 291 Ch. 9 Natural Gas and Oil Pipeline Rules and Regulations. The proposed rules amend Title 291, Chapter 9 of Natural Gas and Oil Pipeline Rules & Regulations are necessary to modernize and update procedures, correct typographical errors and clarify and reorganize various sections, and conduct an overall cleanup of Section 001 through Section 022 of its Rules. This includes the replacement or addition of clarifying subsections and the removal of others that are no longer relevant. There are also updates to certain terminology and language throughout Section 001 to Section 022.

Amend 291 Ch. 3 Motor Carrier Rules and Regulations. The proposed rules modify regulations to impose the same requirements on drivers who transport railroad personnel as those imposed on drivers for transportation network companies. The amended rules see an addition of Section 13.08D, which outlines the moving violations and criminal convictions that would disqualify a person from being employed as a licensee transporting employees of railroad carriers.