94-2399. Customer-Owned Service Lines  

  • [Federal Register Volume 59, Number 23 (Thursday, February 3, 1994)]
    [Unknown Section]
    [Page 0]
    From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
    [FR Doc No: 94-2399]
    
    
    [[Page Unknown]]
    
    [Federal Register: February 3, 1994]
    
    
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    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
    
    
    

Document Information

Published:
02/03/1994
Department:
Research and Special Programs Administration
Entry Type:
Uncategorized Document
Action:
Notice of proposed rulemaking.
Document Number:
94-2399
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.
Pages:
0-0 (1 pages)
Docket Numbers:
Federal Register: February 3, 1994, Docket PS-135, Notice 1
RINs:
2137-AC32
CFR: (3)
49 CFR 192.3
49 CFR 192.11
49 CFR 192.16