[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]


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[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