Customer-Owned Service Lines

Passage 1[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] ======================================================================= ----------------------------------------------------------------------- Research and Special Programs Administration AGENCY: Research and Special Programs Administration (RSPA), DOT. ACTION: Supplemental notice of proposed rulemaking. ----------------------------------------------------------------------- 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.#

Passage 2FOR 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.#

Passage 3SUPPLEMENTARY 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 cust#

Passage 4omer-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. 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. 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. 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. 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:#

Passage 5Administration: 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. Pipeline safety, Reporting and recordkeeping requirements. In consideration of the foregoing, RSPA proposes to amend 49 CFR part 192 as follows: 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: * * * * * 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.#

Passage 6(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#