Customer-Owned Service Lines

Passage 1[Federal Register Volume 60, Number 237 (Monday, December 11, 1995)] [Rules and Regulations] [Pages 63450-63451] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 95-30032] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Research and Special Programs Administration [Docket PS-135; Amdt. 192-74A] RIN 2137-AC32 AGENCY: Research and Special Programs Administration (RSPA), DOT. ACTION: Final rule; response to petition for reconsideration. ----------------------------------------------------------------------- SUMMARY: This action concerns a petition to reconsider the rule that requires operators of gas service lines who do not maintain certain buried customer piping to notify customers of the need for maintenance. The request to change the rule to clarify the exclusion of customer branch lines is granted because some operators are apparently misconstruing the rule to cover these lines. The request to change the rule to specify operator repair as a maintenance option is granted because a literal reading of the rule's definition of maintenance excludes this legitimate option. FOR FURTHER INFORMATION CONTACT: L.M. Furrow, (202) 366-2392. SUPPLEMENTARY INFORMATION: As directed by the 102d Congress (49 U.S.C. 60113(a)), RSPA issued a rule (49 CFR 192.16) that requires certain operators of gas service lines to notify their customers of the need to maintain buried customer piping (60 FR 41828, August 14, 1995). Operators subject to this rule are identified in the first paragraph of the rule, as follows: (a) This section applies to each operator of a service line who does not maintain the customer's buried piping up to entry of the first building downstream, or, if the customer's buried piping does not enter a building, up to the principal gas utilization equipment or the first fence (or wall) that surrounds that equipment. For the purpose of this section, ``maintain'' means monitor for corrosion according to Sec. 192.465 if the customer's buried piping is metallic, survey for leaks according to Sec. 192.723, and if an unsafe condition is found, either shut off the flow of gas or advise the customer of the need to repair the unsafe condition.#

Passage 2In a petition dated September 8, 1995, the American Gas Association (AGA) asked RSPA to reconsider this notification rule. AGA contends Sec. 192.16(a) is deficient in two respects. First, AGA is concerned that Sec. 192.16(a) does not indicate that branch lines, serving secondary equipment such as yard lanterns or pool heaters, are not part of the customer's buried piping that operators must maintain to qualify for exclusion from the rule. In fact, as AGA construes the rule, to avoid sending notifications operators would have to maintain most of these branch lines. For clarity, AGA recommends amending Sec. 192.16(a) to refer to ``buried gas supply piping'' instead of ``buried piping.'' The amount of customer piping an operator must maintain to avoid sending customer notifications was a significant issue in this rulemaking proceeding. Of particular concern was buried piping that branches from the customer's primary gas supply line to serve secondary equipment, such as a yard lantern or pool heater. We addressed this issue in the final rule document as follows: [w]e intended the proposed rules to apply to customers' primary gas supply lines. Branch lines that serve pool heaters, yard lanterns, or other types of secondary equipment were not intended to be covered. The final rule (Sec. 192.16(a)) clarifies this point by covering customer piping up to gas utilization equipment only when the customer's piping does not enter a building. (60 FR 41822)#

Passage 3Given this history of Sec. 192.16(a) and the plain meaning of the rule, we do not agree with AGA that the rule can reasonably be construed to apply to most branch lines serving yard lanterns or pool heaters. As AGA acknowledges in its petition, such lines typically do not enter buildings. Buried customer piping that does not enter a building is covered only if it serves the customer's principal gas utilization equipment. And by their very nature, branch lines do not serve principal gas utilization equipment. Nevertheless, the existence of the AGA petition indicates that some service line operators may be misconstruing the rule. Since we want to make the rule as easy as possible for everyone to understand, we have amended Sec. 192.16(a) to emphatically state that the customer's buried piping does not include branch lines that serve yard lanterns, pool heaters, or other types of secondary equipment. We did not feel AGA's suggestion to modify ``piping'' with ``gas supply'' would necessarily clarify the rule because all customer piping provides a supply of gas. Next, AGA argues that the definition of ``maintain'' is too restrictive because it does not mention repair as a method of remedying unsafe customer piping. As a result, AGA suggests Sec. 192.16(a) could be construed to require operators to send customer notifications even if they repair unsafe conditions on customer piping. AGA recommends [[Page 63451]] amending the definition of ``maintain'' to include repair as a remedial measure. We believe AGA's recommendation has merit. Operators may indeed choose to repair some unsafe conditions on customer piping without shutting off the gas or advising the customer of the problem. Such repair would be wholly consistent with the purpose of Sec. 192.16--to promote the safety of customer piping--and would exceed the required minimum level of maintenance. Thus, operator repair should not be the basis for a charge of noncompliance with the rule. To preclude this possibility and clarify the rule, we have amended Sec. 192.16(a) as AGA recommends in the second part of its petition. Executive Order 12866 and DOT Policies and Procedures#

Passage 4The Office of Management and Budget (OMB) does not consider this final rule to be a significant regulatory action under section 3(f) of Executive Order 12866. Therefore, OMB did not review this final rule. Also, DOT does not consider this final rule to be significant under its regulatory policies and procedures (44 FR 11034, February 26, 1979). Because this final rule merely clarifies an existing rule, the economic impact is too minimal to warrant an evaluation of costs and benefits. However, an evaluation of the costs and benefits of the rule revised by this regulatory action is available for review in the docket. We analyzed this final rule under the principles and criteria in Executive Order 12612 (``Federalism''). The final rule does not have sufficient federalism impacts to warrant preparation of a federalism assessment. I certify, under Section 605 of the Regulatory Flexibility Act, that this final rule will not have a significant economic impact on a substantial number of small entities. As explained in Amendment 192-74 (60 FR 41828, August 14, 1995), most small entities do not come under the rule revised by this regulatory action, and those small entities that do may exercise very low cost means of compliance. Natural gas, Pipeline safety, Reporting and recordkeeping requirements. 1. The authority citation for part 192 continues to read as follows: Authority: 49 U.S.C. 5103, 60102, 60104, 60108, 60109, 60110, 60113, and 60118; 49 CFR 1.53. 2. Section 192.16(a) is revised to read as follows:#

Passage 5(a) This section applies to each operator of a service line who does not maintain the customer's buried piping up to entry of the first building downstream, or, if the customer's buried piping does not enter a building, up to the principal gas utilization equipment or the first fence (or wall) that surrounds that equipment. For the purpose of this section, ``customer's buried piping'' does not include branch lines that serve yard lanterns, pool heaters, or other types of secondary equipment. Also, ``maintain'' means monitor for corrosion according to Sec. 192.465 if the customer's buried piping is metallic, survey for leaks according to Sec. 192.723, and if an unsafe condition is found, shut off the flow of gas, advise the customer of the need to repair the unsafe condition, or repair the unsafe condition. * * * * * Issued in Washington, DC, on December 4, 1995. Ana Sol Gutierrez, Deputy Administrator. [FR Doc. 95-30032 Filed 12-8-95; 8:45 am] BILLING CODE 4910-60-P#