Customer-Owned Service Lines

DEPARTMENT OF TRANSPORTATION

Research and Special Programs Administration

49 CFR Part 192

[Docket PS-135; Notice 1]

RIN 2137-AC32

Customer-Owned Service Lines

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

ACTION: Notice of proposed rulemaking.

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SUMMARY: This notice proposes to require operators of gas distribution

pipelines who do not maintain 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 these gas lines. This

proposed rulemaking, in response to a statutory mandate, is intended to

ensure that homeowners and other owners of customer-owned service lines

are made aware of the requirements for maintenance of those lines; the

resources known to the operator that could properly aid the customer in

doing such maintenance; any information that the operator has

concerning the operation and maintenance of its service lines that

could aid customers; and the potential hazards of not maintaining

customer-owned service lines.

DATES: Interested persons are invited to submit comments by April 4,

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:

Background

The pipeline safety regulations in 49 CFR 192.3 define a gas

service line as a distribution line that transports gas from a common

source of supply to (1) a customer meter or the connection to a

customer's piping, whichever is farther downstream, or (2) the

connection to a customer's piping if there is no customer meter. The

source of supply for most gas services is a main commonly located in

the street. For service lines to homes and buildings, the customer

meter, which measures the transfer of gas from the operator to the

consumer, is commonly located adjacent to (outside or inside) an

exterior wall. A service line may also end at a customer meter adjacent

to end-use gas equipment. For all of the above installations, the

operator is responsible for compliance with part 192 standards from the

common source of supply (e.g., the main) to the end of the service

line.

Customer-Owned Service Lines

Not all customer meters are located adjacent to a home or building

wall or end-use equipment. Some customer meters are located at property

lines or at other locations more convenient for the gas distribution

operator or for the customer. In such cases, the service line ends at

the meter and the pipe running from the outlet of the meter to the

exterior wall or end-use equipment is called a customer-owned service

line.

Instances also exist where there is no customer meter or the

operator-owned service line extends beyond the meter to the connection

to a customer's piping. In such cases, the pipe running from this

connection to the exterior wall or end-use equipment is called a

customer-owned service line.

Customer-owned service lines are also known as ``yard lines'' and

``fuel lines''. A ``farm tap'' is a customer-owned service line that

begins at a customer meter, usually adjacent to a gas transmission

line, and runs (often a considerable distance) to a single consumer.

For the purposes of this notice, each of the above situations is

referred to as a customer-owned service line.

Customer-owned service lines are thought to comprise 12 to 17

percent of the piping that transports natural gas from distribution

mains to homes, businesses, and other consumers. These lines are

predominantly found in the states of Arizona, Arkansas, Florida, Iowa,

Kentucky, Louisiana, New Mexico, Ohio, Oklahoma, Texas, and West

Virginia. Many states have few, if any, customer-owned service lines

because the customer meter is adjacent to the home or building wall or

the state regulatory agency has required the distribution operator to

be responsible for operation and maintenance of the service line up to

the home or building wall, regardless of where the meter is placed.

These states include California, Connecticut, Hawaii, Idaho, Kansas,

Massachusetts, Michigan, Minnesota, Missouri, Nebraska, New Hampshire,

New Jersey, New York, North Carolina, North Dakota, South Carolina,

South Dakota, Utah, Virginia, Washington, Wisconsin, and Wyoming.

Federal pipeline safety regulations do not cover customer-owned

service lines, although a few states have issued regulations and some

gas distribution operators voluntarily maintain these lines to part 192

standards. In most states, the material, design, construction,

corrosion control, testing, and maintenance of customer-owned service

lines is left to the discretion of people who may not be familiar with

part 192 requirements for service lines. This has resulted in instances

of improper installation and minimal or no maintenance of these lines.

Over the last five years, one-third of all pipeline-related

fatalities reported to the Department of Transportation involved

distribution lines running from mains to homes and other buildings. An

unregulated customer-owned service line buried downstream of a customer

meter is prone to the same environmental stresses (corrosion and earth

settlement) and excavation damage hazards as a regulated service line

buried upstream of a customer meter. However, because of its proximity

to homes, businesses and schools, the unregulated segment of a

customer-owned service line buried downstream of a customer meter poses

a greater risk to people and property than the regulated segment of the

line buried upstream of the meter.

The safety of customer-owned service lines first emerged as an

issue after a series of five natural gas incidents occurred during a 7-

month period beginning September 16, 1988, in the Kansas City-Topeka

area. These instances resulted in four fatalities, twelve injuries, and

the destruction of four homes. In three of those incidents, the

failures were attributed to corrosion on unprotected customer-owned

service lines.

As a result of these incidents, Kansas, Missouri, Michigan, and New

York made significant changes to their state's pipeline safety

regulations. These changes included extending the state regulatory

authority over service lines to the building wall. Under the Natural

Gas Pipeline Safety Act of 1968 (49 App. U.S.C. 1671 et seq.), states

may adopt more stringent safety regulations than the Federal

regulations if the state regulations are not incompatible with federal

regulations.

In addition to its response to the accidents by extending

regulatory authority to include customer-owned service lines, the

Missouri Public Service Commission also required the operator to

replace some 265,000 bare steel gas lines running from the main to the

building wall, of which some 175,000 were fully or partly owned by the

customer. The Kansas City Corporation Commission required the operator

to perform periodic leakage surveys of all customer-owned service lines

and to repair or replace all lines round to be leaking.

Statutory Mandate

Section 115(a) of the Pipeline Safety Act of 1992 (the Act, Pub. L.

102-508, October 24, 1992) amended the Natural Gas Pipeline Safety Act

of 1968 (49 U.S.C. App. 1685) to require the Secretary of

Transportation to--

* * * Issue regulations requiring operators of natural gas

distribution pipelines which do not maintain customer-owned service

lines up to building walls to advise their customers of the

requirements for maintenance of those lines, any resources known to

the operator that could aid customers in doing such maintenance, any

information that the operator has concerning the operation and

maintenance of its lines that could aid customers, and the potential

hazards of not maintaining service lines.

Anecdotal data available to RSPA indicates that some of the

petroleum gas systems covered under Sec. 192.11 include customer-owned

service lines where the material, design, construction, corrosion

control, testing and maintenance is left to the discretion of people

who may not be familiar with part 192 requirements for service lines.

RSPA invites public comment on (1) Whether customer-owned service lines

occur in petroleum gas systems subject to Sec. 192.11 and (2) If so,

whether the petroleum gas systems have been properly installed and

periodically maintained. Commenters are requested to support their

responses with leak and incident data that includes information on

personal injuries, deaths, property and environmental damages.

AGA Petition

The American Gas Association (AGA) has petitioned RSPA to issue

immediately a proposed rule to establish the notification regulations

mandated in section 115 of the Act (P-50, September 1, 1993). In its

petition, AGA expresses concern that, lacking federal guidance, state

and local authorities may move forward and adopt notification

requirements that could make compliance with federal regulations

difficult.

AGA has requested RSPA to incorporate the following language to

satisfy the notification requirements for operations of customer-owned

service lines:

(a) Each operator meeting the applicability requirements of

paragraph (c) (of this section) shall provide notification to

customers covering the maintenance of customer-owned lines. At

minimum, this notification shall advise those customers:

(1) That they own and are responsible for the maintenance of

customer-owned lines;

(2) Of the requirements for maintenance of those lines in

accordance with paragraph (b) of this section;

(3) Who should be contacted to assist in the maintenance of

customer-owned lines;

(4) Of information that the operator has concerning the

maintenance of its lines that could aid the customer in performing

such maintenance; and

(5) That periodic maintenance of customer-owned lines is

necessary in order to avoid potential safety problems, such as gas

leakage.

(b) If the applicable codes and standards do not address

maintenance of those lines, the information that operators provide

under paragraph (a)(4) of this section must describe the maintenance

requirements for customer-owned lines.

(c) The notification requirements in paragraph (a) (of this

section) apply to operators for which one or more customers have

responsibility for maintenance of a substantial portion of the

primary underground natural gas supply pipe between the operator's

main and the foundation wall of the customer's premise, or its

equivalent in those installations where the supply piping does not

enter a building but rather goes directly to end-use equipment

located outdoors.

AGA's petition is on file in the docket and was taken into

consideration during development of this notice of proposed rulemaking.

Proposals

Federal gas pipeline safety standards do not require gas pipeline

operators to maintain customer-owned service lines. In many cases, the

owner of the customer-owned service line is not aware he or she is

responsible for the maintenance of the customer-owned service line or

what those maintenance responsibilities are. To address these concerns,

AGA's petition, and the statutory mandate, RSPA proposes to revise

Sec. 192.3 to add a definition of customer-owned service lines, and to

add Sec. 192.16 concerning notification requirements for customer-owned

service lines to subpart A of 49 CFR part 192.

At this time, RSPA is proposing to apply the notification

requirements to operators of petroleum gas systems covered under

Sec. 192.11. Thus, for the purpose of this discussion, the word

``operator'' will apply to those operators of natural gas and petroleum

gas distribution systems that do not maintain customer-owned service

lines up to the home or building wall or to the end-use equipment.

RSPA is aware there are situations where the meter is adjacent to,

but not at, the home or building wall or the end-use equipment. In

these instances, the operator is responsible for the pipeline up to the

meter, and the customer is responsible for the small portion of buried

pipeline from the outlet of the meter to the home or building wall or

to the end-use equipment. At this time, RSPA is proposing to apply the

notification requirements to these sections of pipeline when the

operator does not voluntarily maintain these sections of pipeline. RSPA

invites public comment on whether these short sections of customer-

owned service line 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.

The following discussion covers the requirements listed within

section 115(a) of the Act and how RSPA proposes to address them.

Maintenance Requirements for Customer-Owned Service Lines

RSPA requires operator-owned service lines to be operated and

maintained to 49 CFR part 192 standards. These pipeline safety

standards include leak detection surveys and corrosion control. Subpart

I details the requirements for corrosion control, and subpart M details

leak detection surveys and other maintenance requirements. Local codes

and standards may also address operation and maintenance requirements.

This notice proposes that operators provide to the owners of customer-

owned service lines general information on these safety requirements.

The proposal does not require operators to take over the maintenance of

these lines.

Under the proposal, operators would be allowed to use any written

means to provide actual notification of the required information to

customers. RSPA anticipates most operators will provide notice through

inserts mailed to the customer and flyers hand delivered by the meter

readers.

Maintenance Resources

Many resources are available to assist owners of customer-owned

service lines in obtaining information to assure effective service line

maintenance, including information supplied by the operator. The

sources referenced below can provide general information on corrosion

control and leakage surveys, and may be able to provide an actual

listing of gas distribution contractors (including plumbers) or other

individuals who could perform these maintenance requirements. The

addresses and telephone numbers listed are current to the best of

RSPA's knowledge.

The State Licensing Board for Plumbers and State Plumbers' Associations

The state licensing board for plumbers and state plumbers'

associations can provide owners of customer-owned service lines with a

listing of qualified, independent contractors who perform leakage

surveys, gas piping repair and replacement, and valve repair and

replacement.

The Gas Piping Technology Committee (GPTC) Guide for Gas Transmission

and Distribution Piping Systems, Volume 1

The GPTC guide contains information and methods to assist gas

pipeline operators in complying with the federal pipeline safety

regulations by providing ``how to'' information related to the

standards. The GPTC Guide contains minimum federal safety standards

together with the design recommendations, material reference, and

recommended practices of the GPTC.

Gas Piping Technology Committee, AGA, 1515 Wilson Boulevard,

Arlington, VA 22209, (703) 841-8454

The National Association of Corrosion Engineers (NACE)

NACE publishes a standard recommended practice to present

procedures and practices for achieving effective control of external

corrosion on buried or submerged metallic piping systems. This

recommended practice describes the use of electrically insulating

coatings, electrical isolation, and cathodic protection as corrosion

control methods. The practice also contains specific provisions for the

application of cathodic protection to existing bare, existing coated,

and new piping systems.

National Association of Corrosion Engineers P.O. Box 218340,

Houston, TX 77218-8340, (713) 492-0535

Federal Gas Pipeline Safety Organizations

The regional offices of the Federal Office of Pipeline Safety can

provide an owner of a customer-owned service line with a copy of the

federal pipeline safety regulations (49 CFR part 192) that operators of

service lines follow, the booklet ``Guidance Manual for Operators of

Small Gas Systems,'' which provides a general overview of compliance

responsibilities under federal pipeline safety regulations, and verbal

information on proper maintenance for customer-owned service lines:

Office of Pipeline Safety, Eastern Region, U.S. Department of

Transportation, 400 Seventh Street SW., room 5413, Washington, DC

20590, (202) 366-4580

Jurisdictional authority over the District of Columbia and the

states of Connecticut, Delaware, Maine, Maryland, Massachusetts, New

Hampshire, New Jersey, New York, Pennsylvania, Rhode Island,

Vermont, Virginia and West Virginia.

Office of Pipeline Safety, Southern Region, 1720 Peachtree Road NW.,

Suite 426 North, Atlanta, GA 30309, (404) 347-2632

Jurisdictional authority over Puerto Rico and the states of

Alabama, Arkansas, Florida, Georgia, Kentucky, Mississippi, North

Carolina, South Carolina and Tennessee

Office of Pipeline Safety, Central Region, 911 Walnut Street, room

1811, Kansas City, MO 64106, (816) 426-2654

Jurisdictional authority over the states of Illinois, Indiana,

Iowa, Kansas, Michigan, Minnesota, Missouri, Nebraska, North Dakota,

Ohio, South Dakota and Wisconsin

Office of Pipeline Safety, Southwest Region, 2320 La Branch, room

2116, Houston, TX 77004, (713) 750-1746

Jurisdictional authority over the states of Arizona, Louisiana,

New Mexico, Oklahoma and Texas

Office of Pipeline Safety, Western Region, 555 Zang Street, 2nd

floor, Lakewood, CO 80228, (303) 969-5150

Jurisdictional authority over the states of Alaska, California,

Colorado, Hawaii, Idaho, Montana, Nevada, Oregon, Utah, Washington

and Wyoming

State Pipeline Safety Organizations

The following state pipeline safety organizations can provide an

owner of a customer-owned service line with a copy of the federal and

state pipeline safety regulations that operators of service lines

follow, written or verbal information on maintenance requirements for

customer-owned service lines, and regional sources of additional

information.

Alabama Public Service Commission, PO Box 991, Montgomery, AL 36101-

0991, (205) 242-5778

Arizona Corporation Commission, 1200 West Washington Street,

Phoenix, AZ 85007, (602) 542-3316

Arkansas Public Service Commission, PO Box 400, Little Rock, AR

72203-0400 (501) 682-5705

California Public Utilities Commission, 1145 Market Street, Second

Floor, San Francisco, CA 94103, (415) 557-3304

Colorado Public Utilities Commission, Logan Tower-Office, Level 2,

Room 340, 1580 Logan Street Denver, CO 80203, (303) 894-2000

Connecticut Department of Public Utility Control, One Central Park

Plaza, New Britain, CT 06051, (203) 827-1553

Delaware Public Service Commission, 1560 South Dupont Highway, PO

Box 457, Dover, DE 19903-0457, (302) 739-3233

Public Service Commission, District of Columbia, 450 5th Street NW.,

Suite, 820, Washington, DC 20001, (202) 626-5156

Bureau of Gas Regulation, Florida Public Service Commission, 101

East Gaines Street, Room 330, Tallahassee, FL 32301-0868, (904) 488-

8501

Georgia Public Service Commission, 244 Washington Street SW.,

Atlanta, GA 30334, (404) 656-7490

Illinois Commerce Commission, 527 East Capitol Avenue, Springfield,

IL 62794-9280, (217) 785-1165,

Indiana Utility Regulatory Commission, 302 West Washington Street,

Suite E 306, Indianapolis, IN 46204, (317) 232-2717

Bureau of Rate & Safety Evaluation Utilities, Division, Iowa

Department of Commerce, Lucas State Office Building, Des Moines, IA

50319, (515) 281-5546

Kansas Corporation Commission, 1500 SW Arrowhead, Road, Topeka, KS

66604-4027, (913) 271-3171

Kentucky Public Service Commission, 730 Schenkel Lane, PO Box 615,

Frankfort, KY 40602, (502) 564-3940

Office of Conservation, Louisiana Department of Natural Resources,

PO Box 94275, Baton Rouge, LA 70804-9275, (504) 342-5585

Maine Public Utilities Commission, State House Station 18, 242 State

Street, Augusta, ME 04333, (207) 289-3831

Maryland Public Service Commission, The American Building, 11th

Floor, 231 East Baltimore Street, Baltimore, MD 21202, (410) 333-

6079

Massachusetts Department of Public Utilities, Saltonstall Building,

Room 1208, 100 Cambridge Street, Boston, MA 02202 (617) 727-3537

Michigan Public Service Commission, 6545 Mercantile Way, PO Box

30221, Lansing, MI 48909, (517) 334-6384

Minnesota Department of Public Safety, 175 Aurora Avenue, St. Paul,

MN 55103, (612) 296-9636

Mississippi Public Service Commission, PO Box 1174, Jackson, MS

39215-1174, (601) 961-5475

Missouri Public Service Commission, Truman State Office Building,

Room 530 PO Box 360, Jefferson City, MO 65102, (314) 751-3456

Department of Public Service Regulations, Montana Public Service

Commission, 1701 Prospect Avenue, PO Box 202601, Helena, MT 59620-

2601, (406) 444-6182

Nebraska State Fire Marshal, 246 South 14th, Lincoln, NE 68508,

(402) 471-2027

New Hampshire Public Utilities Commission, Building #1, 8 Old

Suncook Road, Concord, NH 03301, (603) 271-2431

New Jersey Board of Regulatory Commissioners, Two Gateway Center,

Newark, NJ 07102, (201) 648-2204

New Mexico State Corporation Commission, PO Drawer 1269, Santa Fe,

NM 87504-1269, (505) 827-3767

Investigation Section, NY Public Service Commission, #3 Empire State

Plaza, Albany, NY 12223, (518) 474-5453

North Carolina Utilities Commission, 430 North Salisbury Street, PO

Box 29510, Raleigh, NC 27626-0510, (919) 733-6000

North Dakota Public Service Commission, State Capitol Building, 12th

Floor, Bismarck, ND 58505, (701) 224-2413

Public Service Commission of Nevada, 727 Fairview Drive, Carson

City, NV 89710, (702) 687-6040

Ohio Public Utilities Commission, 180 East Broad Street, 12th Floor,

Columbus, OH 43266-0573, (614) 644-8983

Oklahoma Corporation Commission, Jim Thorpe Office Building,

Oklahoma City, OK 73105, (405) 521-2258

Oregon Public Utility Commission, 550 Capitol Street NE., Salem, OR

97310, (503) 378-6760

Pennsylvania Public Utility Commission, T&S Building, Room 412, PO

Box 3265, Harrisburg, PA 17105-3265, (717) 787-1061

Puerto Rico Public Service Commission, PO Box 870, San Juan, PR

00919-0870, (809) 763-0625

Rhode Island Division of Public Utilities, 100 Orange Street,

Providence, RI 02903, (401) 277-3500

South Carolina Public Service Commission, PO Drawer 11649, Columbia,

SC 29211, (803) 737-5145

Tennessee Public Service Commission, 460 James Robertson Parkway,

Nashville, TN 37243-0505, (615) 741-2844

Transportation/Gas Utilities Division, RR Commission of Texas,

Capitol Station, PO Box 12967, Austin, TX 78711-2967, (512) 463-7058

Division of Public Utilities, Utah Department of Commerce, 160 East

300 South, PO Box 45807, Salt Lake City, UT 84145-0807, (801) 530-

6787

Vermont Department of Public Service, State Office Building, 120

State Street, Montpelier, VT 05620, (802) 828-2811

Division of Energy Regulation, Virginia State Corporation

Commission, PO Box 1197, Richmond, VA 23209, (804) 371-9264

Washington Utilities and Transportation Commission, PO Box 47250,

Olympia, WA 98504-7250, (206) 586-1154

Public Service Commission of West Virginia, 201 Brooks Street, PO

Box 812, Charleston, WV 25323, (304) 340-0473

Gas, Water & Federal Intervention Division, Public Service

Commission of Wisconsin, 4802 Sheboygan Avenue, PO Box 7854,

Madison, WI 53707, (608) 266-8128

Wyoming Public Service Commission, 700 West 21st Street, Cheyenne,

WY 82002, (307) 777-7427

Operation and Maintenance Information

This notice proposes to require gas distribution operators to

advise customers of any information that the operator has concerning

the operation and maintenance of its lines that could aid customers.

This information could include the following:

Excavation damage prevention: Excavation damage is the largest

single cause of gas pipeline incidents. Section 192.614 currently

requires gas pipeline operators to notify the public in the vicinity of

their pipeline on how to prevent damage to the pipeline from excavation

activities. Section 192.614 currently exempts pipelines in class 1 and

2 locations and pipelines in class 3 locations which are marked in

accordance with Sec. 192.707. However, in a pending rulemaking

(``Excavation Damage Prevention Programs for Gas, Hazardous Liquids and

Carbon Dioxide Pipelines'', Docket 101, 53 FR 24747, June 30, 1988),

RSPA has proposed removing these exemptions.

Type of pipe: Different pipeline materials require different

maintenance procedures. An operator's knowledge of the environmental

conditions affecting the service pipe connected to the customer-owned

service line may assist the owner in the maintenance of the customer-

owned service line.

Age of the pipe: The installation date of customer-owned service

lines, installed by individuals other than the operator, may not be

known. However, many operators will have a record of the date gas

service was initially established to the customer. In such cases,

operators may reasonably assume that the installation date of the

customer-owned service line is approximately the date of initial gas

service. This information may then be relayed to the customer to assist

in estimating the condition of the pipeline.

Potential Hazards: This notice proposes to require an operator to

inform customers of the potential hazards of not maintaining a

customer-owned service line. Improper maintenance or lack of periodic

maintenance of customer-owned service lines may result in corrosion of

metallic pipeline materials, separation of piping components, gas

leaks, property damage, environmental damage, personal injury, and even

death.

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 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

This proposed rule would apply to operators of natural gas and

petroleum gas distribution systems. Small gas distribution systems are

characterized in this proposal as distribution systems serving fewer

than 10,000 customers. They include master meter systems, which usually

serve mobile home parks, housing projects and apartment complexes, and

public, private, and municipal natural gas distribution systems.

Master meter systems, as defined in Sec. 191.3, are pipeline

systems for distributing gas within, but not limited to, a definable

area, such as a mobile home park, housing project, or apartment

complex, where the operator purchases metered gas from an outside

source for resale through a gas distribution system. The gas

distribution pipeline system supplies the ultimate consumer who either

purchases the gas directly through a meter or by other means, such as

by rents.

RSPA has determined that master meter operators will not be

affected by this notice of proposed rulemaking because the master meter

operator generally owns the complete gas distribution system. Thus, the

master meter operator is responsible for the pipeline from the point of

purchase to the ultimate customer.

A draft regulatory evaluation has been prepared to determine the

economic impact of this proposed rule on public, private, and municipal

gas distribution systems. 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 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.

As used in this part:

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'' are

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 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,

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. 94-2399 Filed 2-2-94; 8:45 am]

BILLING CODE 4910-60-P