[Federal Register Volume 59, Number 54 (Monday, March 21, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-6274]


[[Page Unknown]]

[Federal Register: March 21, 1994]


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DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Part 192

[Docket PS-135; Notice 2]
RIN 2137-AC32

 

Customer-Owned Service Lines

AGENCY: Research and Special Programs Administration (RSPA), DOT.

ACTION: Supplemental notice of proposed rulemaking.

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SUMMARY: This document relates to a notice of proposed rulemaking 
(NPRM) published on Thursday, February 3, 1994 (59 FR 5168). The NPRM 
proposed to require operators of gas distribution systems who do not 
maintain buried customer-owned service lines to advise their customers 
of the proper maintenance of these gas lines and of the potential 
hazards of not properly maintaining them. This supplemental notice 
clarifies that the proposed notification requirements apply to 
operators of gas transmission systems who do not maintain customer-
owned service lines. It also proposes to apply the proposed 
notification requirements to above ground customer-owned service lines.

DATES: The comment period for this supplemental NPRM and for the NPRM 
published February 3, 1994 is May 5, 1994. Late filed comments will be 
considered to the extent practicable. Interested persons should submit 
as part of their written comments all the material that is considered 
relevant to any statement or argument made.

ADDRESSES: Written comments must be submitted in duplicate and mailed 
or hand-delivered to the Dockets Unit, room 8421, U.S. Department of 
Transportation, Research and Special Programs Administration, 400 
Seventh Street, SW., Washington, DC 20590-0001. Identify the docket and 
notice numbers stated in the heading of this notice. All comments and 
materials cited in this document will be available for inspection and 
copying in room 8421 between 8:30 a.m. and 4:30 p.m. each business day. 
Non-federal employee visitors are admitted to the DOT headquarters 
building through the southwest quadrant at Seventh and E Streets.

FOR FURTHER INFORMATION CONTACT: Christina M. Sames, (202) 366-4561, 
regarding the content of this document, or the Dockets Unit (202) 366-
5046 for copies of this document or other materials in the docket.

SUPPLEMENTARY INFORMATION: On February 3, 1994, RSPA published a notice 
of proposed rulemaking titled, ``Customer-Owned Service Lines'' (59 FR 
5168). This notice proposed to require each operator of a natural gas 
or petroleum gas distribution system that does not maintain buried 
customer-owned service lines up to the building wall or to the end-use 
equipment to part 192 standards, to provide written notification to the 
customer of the proper maintenance requirements for these lines and of 
the potential hazards of not maintaining these lines. The notice 
proposed to define a customer-owned service line as ``* * * a pipeline 
that transports natural gas or petroleum gas from a service line to (1) 
an exterior wall of a building, or (2) end-use equipment. `Farm taps' 
are customer-owned service lines which begin at a customer meter, 
usually adjacent to a gas transmission line, and run to a single 
consumer.'' By including ``farm taps'' in the definition of a customer-
owned service line, RSPA intended to include gas transmission operators 
in the proposed notification requirements.
    RSPA wishes to clarify that the notification requirements apply to 
each gas transmission operator who does not maintain a customer-owned 
service line up to the building wall. Thus, the proposed requirements 
would apply to gas transmission pipelines which branch off and run to a 
single consumer (also referred to as farm taps or industrial taps). The 
portion of the pipeline subject to the proposed regulation would be the 
section from the meter or the connection to the customers piping up to 
the building wall. The term ``single consumer'' is meant to include, 
but is not limited to, farms, homes, schools, manufacturing plants, and 
factories.
    RSPA also proposes to extend the proposed notification requirements 
to gas transmission and distribution operators who do not maintain 
above ground customer-owned service lines up to the building wall. RSPA 
has become aware of situations where the meter is adjacent to the home 
or building and the pipeline running from the outlet of the meter to 
the home or building wall is above ground. In these instances, the 
operator is responsible for the pipeline up to the meter, and the 
customer is responsible for the small portion of pipeline from the 
outlet of the meter to the home or building wall. RSPA invites public 
comment on whether these short sections of customer-owned service lines 
have been properly installed and whether they are periodically 
maintained. RSPA believes that some of these sections were installed 
and are voluntarily maintained by the operator, even though they are 
the responsibility of the customer. Commenters are requested to support 
their responses with leak and incident data that includes information 
on personal injuries, deaths, and property damages.
    RSPA would also like to clarify that, for buried customer-owned 
service lines, RSPA is only referring to the main line running from the 
outlet of the meter or the connection to the customer's piping to the 
building wall or end-use equipment. RSPA does not intend to include 
lines which branch off of the main customer-owned service line and run 
to heated pools, grills, and similar equipment.

Regulatory Analyses

Executive Order 12866 and DOT Regulatory Policies and Procedures

    This proposed rule is not considered a significant regulatory 
action under section 3(f) of Executive Order 12866 and, therefore, was 
not subject to review by the Office of Management and Budget. The rule 
is not considered significant under the regulatory policies and 
procedures of the Department of Transportation (44 FR 11034, February 
26, 1979). A revised regulatory evaluation is available for review in 
the docket.

Executive Order 12612

    The proposed rule has been analyzed in accordance with the 
principles and criteria in Executive Order 12612 (``Federalism''), and 
does not have sufficient federalism impacts to warrant the preparation 
of a federalism assessment.

Regulatory Flexibility Act

    A draft regulatory evaluation has been prepared to determine the 
economic impact of the NPRM and this supplemental NPRM. Based on the 
facts available, I certify that this proposal will not, if promulgated, 
have a significant economic impact on a substantial number of small 
entities. This certification is subject to modification as a result of 
a review of comments received in response to this proposal.

Paperwork Reduction Act

    The information collection requirements associated with this notice 
of proposed rulemaking are being submitted to the Office of Management 
and Budget (OMB) for approval in accordance with 44 U.S.C. chapter 35 
under the following:

Administration: Department of Transportation, Research and Special 
Programs Administration;
Title: Customer-owned service line information dissemination;
Need for Information: To reduce the number of incidents and resulting 
deaths, injuries, property, and environmental damage caused by improper 
maintenance of customer-owned service lines;
Proposed Use of Information: To advise owners of customer-owned service 
lines of the proper maintenance of these gas lines and of the potential 
hazards of not properly maintaining these lines;
Frequency: Occasionally;
Burden Estimate: $500,000 initially, $50,000 annually thereafter;
Respondents: Gas transmission & distribution operators;
Form(s): N/A;
Average Burden Hours per Respondent: Minimal.

    For further information contact: The Information Management 
Division, M-34, Office of the Secretary of Transportation, 400 Seventh 
Street, SW., Washington, DC 20590, (202) 366-4735. Comments on the 
proposed information collection requirements should be submitted to the 
Office of Management and Budget, Office of Information and Regulatory 
Affairs, Washington, DC 20503, Attn: Desk Officer for Department of 
Transportation, Research and Special Programs Administration. It is 
requested that comments sent to OMB also be sent to the RSPA rulemaking 
docket for this proposed action.

List of Subjects in 49 CFR Part 192

    Pipeline safety, Reporting and recordkeeping requirements.
    In consideration of the foregoing, RSPA proposes to amend 49 CFR 
part 192 as follows:

PART 192--[AMENDED]

    1. The authority citation for part 192 continues to read as 
follows:

    Authority: 49 App. U.S.C. 1672 and 1804; 49 CFR 1.53.

    2. Section 192.3 would be amended by adding the following 
definition to read as follows:


Sec. 192.3  Definitions

* * * * *
    Customer-Owned service line means a pipeline that transports 
natural gas or petroleum gas from a service line to:
    (1) An exterior wall of a building, or
    (2) End-use equipment. Farm taps and industrial taps customer-owned 
service lines which begin at a customer meter, usually adjacent to a 
gas transmission line, and run to a single consumer.
* * * * *
    3. Section 192.16 would be added to subpart A to read as follows:


Sec. 192.16  Customer-owned service lines.

    (a) Each transmission or distribution operator that does not 
maintain a customer-owned service line to part 192 standards, shall 
provide written notification to the customer:
    (1) That the customer owns and is responsible for the maintenance 
of the customer-owned service line;
    (2) Of the essential elements for proper maintenance of the 
customer-owned service line, such as those listed in subpart M of this 
part or those listed in applicable local building codes;
    (3) Of available resources that could aid the customer in obtaining 
maintenance assistance, such as the gas pipeline operator, the state 
licensing board for plumbers and state plumbers' associations, Federal 
and state gas pipeline safety organizations, the local building code 
agencies, and appropriate leak detection, gas utility, and corrosion 
protection contractors;
    (4) Of any information that the operator has concerning the 
operation and maintenance of the customer-owned service line that could 
aid the customer, such as information on excavation damage prevention, 
local codes and standards (when applicable), and the age, location, and 
material of the customer-owned service line; and
    (5) The potential hazards of not maintaining the customer-owned 
service line, such as corrosion and gas leakage.
    (b) An operator shall provide the notification required in 
paragraph (a) of this section:
    (1) Before (enter date 6 months after date of publication of final 
rule) for existing customers; and
    (2) Before (enter date 6 months after date of publication of final 
rule) or within 30 days from date the gas service line is placed in 
service for new customers, whichever is later.
    (c) Each operator must keep a record of the written notifications 
made under the requirements of paragraph (a) of this section.
George W. Tenley, Jr.
Associate Administrator for Pipeline Safety.
[FR Doc. 94-6274 Filed 3-18-94; 8:45 am]
BILLING CODE 4910-60-P