[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
49 CFR Part 192
[Docket PS-135; Amdt. 192-74A]
RIN 2137-AC32
Customer-Owned Service Lines
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.
EFFECTIVE DATE: January 10, 1996.
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:
Sec. 192.16 Customer Notification
(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.
In 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)
Given 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.
Regulatory Analyses and Notices
Executive Order 12866 and DOT Policies and Procedures
The 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.
Executive Order 12612
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.
Regulatory Flexibility Act
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.
List of Subjects in 49 CFR Part 192
Natural gas, Pipeline safety, Reporting and recordkeeping
requirements.
RSPA amends 49 CFR part 192 as follows:
PART 192--[AMENDED]
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:
Sec. 192.16 Customer notification.
(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