[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
