Customer-Owned Service Lines

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