81 FR 70987 - Pipeline Safety: Expanding the Use of Excess Flow Valves in Gas Distribution Systems to Applications Other Than Single-Family Residences
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration Federal Register Volume 81, Issue 199 (October 14, 2016)
Pipeline and Hazardous Materials Safety Administration
Federal Register Volume 81, Issue 199 (October 14, 2016)
| Page Range | 70987-71002 | |
| FR Document | 2016-24817 |
[Federal Register Volume 81, Number 199 (Friday, October 14, 2016)] [Rules and Regulations] [Pages 70987-71002] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-24817] ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration 49 CFR Part 192 [Docket No. PHMSA-2011-0009; Amdt. No 192-121] RIN 2137-AE71 Pipeline Safety: Expanding the Use of Excess Flow Valves in Gas Distribution Systems to Applications Other Than Single-Family Residences AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: Excess flow valves (EFV), which are safety devices installed on natural gas distribution pipelines to reduce the risk of accidents, are currently required for new or replaced gas service lines servicing single-family residences (SFR), as that phrase is defined in 49 CFR 192.383(a). This final rule makes changes to part 192 to expand this requirement to include new or replaced branched service lines servicing SFRs, multifamily residences, and small commercial entities consuming gas volumes not exceeding 1,000 Standard Cubic Feet per Hour (SCFH). PHMSA is also amending part 192 to require the use of either manual service line shut-off valves (e.g., curb valves) or EFVs, if appropriate, for new or replaced service lines with meter capacities exceeding 1,000 SCFH. Lastly, this final rule requires operators to notify customers of their right to request installation of an EFV on service lines that are not being newly installed or replaced. PHMSA has left the question of who bears the cost of installing EFVs on service lines not being newly installed or replaced to the operator's rate- setter. DATES: This final rule is effective April 14, 2017. FOR FURTHER INFORMATION CONTACT: Technical questions: Vincent Holohan, General Engineer, by telephone at 202-366-1933 or by electronic mail at [email protected]. General information: Robert Jagger, Technical Writer, by telephone at 202-366-4361 or by electronic mail at [email protected]. SUPPLEMENTARY INFORMATION: I. Executive Summary A. Purpose of the Regulatory Action EFVs can reduce the risk of explosions in natural gas distribution pipelines by shutting off unplanned, excessive gas flows. These events are primarily the result of excavation damage to service lines that occurs between the gas main and the customer's building. Based on the comments to this rulemaking, PHMSA experience, and various studies, PHMSA has determined that the safety benefits of expanding the use of EFVs to new or entirely replaced distribution branch services (gas service lines that begin at an existing service line or that are installed concurrently with primary service lines but serve separate residences), multifamily facilities, and small commercial facilities is appropriate from a technical, economical, and operational feasibility standpoint. B. Summary of the Major Provisions of the Regulatory Action Pursuant to Section 22 of the Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011, this final rule amends the Federal pipeline safety regulations by adding four new categories of service for which EFV installation will be required. These four new categories are for new and entirely replaced services. The existing EFV installation requirement for SFRs served by a single service line remains unchanged. The new categories of service are as follows:Branched service lines to a SFR installed concurrently with the primary SFR service line (a single EFV may be installed to protect both lines); Branched service lines to a SFR installed off a previously installed SFR service line that does not contain an EFV; [[Page 70988]] Multifamily installations, including duplexes, triplexes, fourplexes, and other small multifamily buildings (e.g., apartments, condominiums) with known customer loads at time of service installation, based on installed meter capacity, up to 1,000 SCFH per service; \1\ and --------------------------------------------------------------------------- \1\ The average single-family home uses about 200 standard cubic feet of gas per day and individual apartment units use even less. --------------------------------------------------------------------------- A single, small commercial customer served by a single service line, with a known customer load at time of service installation, based on installed meter capacity, of up to 1,000 SCFH per service. Operators will be required to give all customers notice of the option to request an EFV installation, except where such installation is not required under Sec. 192.383(c) (i.e., where the service line does not operate at a pressure of 10 psig or greater through the year, the operator has experienced contaminants in the gas stream that could interfere with EFV operation, an EFV could interfere with operation and maintenance activities, or an EFV meeting performance standards in Sec. 192.381 is not available). Finally, this final rule also amends the Federal pipeline safety regulations by requiring curb valves, or EFVs, if appropriate, for applications operating above 1,000 SCFH. C. Costs and Benefits PHMSA estimates a total impacted community of 4,448 operators for this rule (3,119 master meter/small LPG operators who will need to comply with notification requirements and 1,329 natural gas distribution operators who will need to install valves and comply with notification requirements) and 222,114 service lines per year on average. It is expected to generate safety benefits in the form of reduced fatalities, injuries, lost product, and other property damage from certain types of preventable incidents in gas distribution pipelines. The overall benefits over a 50-year period were estimated at the annual equivalent of $5.5 million per year versus $10.6 million in compliance costs when calculated using a 7 percent discount rate. When using a 3 percent discount rate, the total benefits of the rule were estimated at $10.5 million while the costs were estimated at $12.0 million. II. Background A. Excess Flow Valves and Curb Valves An EFV is a mechanical safety device installed inside a natural gas distribution service line between the street and residential meter. If there is a significant increase in the flow of gas (e.g., due to a damaged line), the EFV will ``trip'' or close to minimize the flow of gas through the line and thus, the amount of gas escaping into the atmosphere. During normal use, the valve is kept pushed open against oncoming gas flow by a spring. EFVs are designed so that general usage, such as turning on appliances, will not shut the valve. However, during a significant increase in the flow of gas (e.g., due to a damaged line), the spring cannot overcome the force of gas, and the valve will close and stay closed until the correct pressure is restored. When the correct pressure is restored, the EFV automatically resets itself. Curb valves are installed below grade in a service line at or near the property line with a protective curb box or standpipe for quick subsurface access and are operated by use of a removable key or specialized wrench. B. The South Riding, VA, Incident On July 7, 1998, in South Riding, VA, an explosion stemming from a residential service line resulted in one death and three injuries. It is not known if the explosion occurred on a branched or non-branched service line, but PHMSA believes that this final rule or PHMSA's previous rule requiring EFVs on single lines serving SFRs \1\ would, at a minimum, have mitigated the consequences of the explosion. --------------------------------------------------------------------------- \1\ ``Pipeline Safety: Integrity Management Programs for Gas Distribution Pipelines,'' 74 FR 63906 (December 4, 2009), RIN 2137- AE15. --------------------------------------------------------------------------- An investigation by the National Transportation Safety Board (NTSB) found the explosion likely would not have occurred if an EFV had been installed on the service line leading to this single-family home. As a result of its investigation, on June 22, 2001, the NTSB issued Safety Recommendation P-01-2, recommending that PHMSA ``require that EFVs be installed in all new and renewed gas service lines, regardless of a customer's classification (i.e., not just lines serving single-family residences), when the operating conditions are compatible with readily available valves.'' C. PHMSA's EFV Studies and Evaluation Report In December 2005, a multi-stakeholder group convened by PHMSA published a report titled: ``Integrity Management for Gas Distribution: Report of Phase I Investigations.'' \2\ The report recommended that ``[A]s part of its distribution integrity management plan, an operator should consider the mitigative value of EFVs. EFVs meeting performance criteria in Sec. 192.381 and installed in accordance with Sec. 192.383 may reduce the need for other mitigation options.'' --------------------------------------------------------------------------- \2\ http://www.regulations.gov/contentStreamer?documentId=PHMSA-RSPA-2004-19854-0070&attachmentNumber=1&disposition=attachment&contentType=pdf --------------------------------------------------------------------------- In an effort to study the possible benefits of expanding EFVs beyond SFR applications, PHMSA began development of an Interim Evaluation in early 2009. In June and August of that year, PHMSA held public meetings on NTSB Recommendation P-01-2 with participants from the following major stakeholder groups: the National Association of Regulatory Utility Commissioners, the National Association of Pipeline Safety Representatives, the International Association of Fire Chiefs, the National Association of State Fire Marshals, natural gas distribution operators, trade associations, manufacturers, and the Pipeline Safety Trust. On December 4, 2009, PHMSA amended the pipeline safety regulations to require the use of EFVs for new or replaced gas lines servicing SFRs.\3\ While this requirement met the mandate of the Pipeline Inspection, Protection, Enforcement, and Safety Act enacted in 2006, other distribution lines, including those that served branched SFRs, apartment buildings, other multi-residential dwellings, commercial properties, and industrial service lines, were still not required to use EFVs. These structures are susceptible to the same risks as SFR service lines. --------------------------------------------------------------------------- \3\ ``Pipeline Safety: Integrity Management Programs for Gas Distribution Pipelines,'' December 4, 2009, (74 FR 63906) RIN 2137- AE15. --------------------------------------------------------------------------- PHMSA, already aware of this risk, issued a report in 2010 titled: ``Interim Evaluation: NTSB Recommendation P-01-2 Excess Flow Valves in Applications Other Than Service Lines Serving One SFR'' (Interim Evaluation),\4\ which studied the possible expansion of EFVs beyond SFRs and the challenges involved with such expansion. The Interim Evaluation also addressed other [[Page 70989]] practical alternatives, such as the use of manual isolation devices (e.g., curb valves) to quickly cut off the uncontrolled flow of gas in an emergency. The Interim Evaluation also identified challenges related to the feasibility and practicality of the proposed solutions, as well as significant cost and benefit factors. The report found that there were no other devices or viable options to shut off gas supply quickly when gas service lines ruptured. --------------------------------------------------------------------------- \4\ The purpose of the Interim Evaluation was to respond to NTSB Safety Recommendation P-01-02 and evaluate the possibility of expansion of EFVs to applications other than service lines serving one single-family residence (above 10 psig). The report also built a foundation for an economic analysis, considered the need for enhanced technical standards or guidelines, and suggested that any new technical standards include criteria for pressure drops across the EFV. The Interim Evaluation can be found at the following link: http://www.regulations.gov/contentStreamer?documentId=PHMSA-2011-0009-0002&attachmentNumber=1&disposition=attachment&contentType=pdf. The Interim Evaluation was finalized in 2015 based on comments to the Interim Report. --------------------------------------------------------------------------- The Evaluation \5\ was finalized in 2015, based on comments to the Interim Evaluation, input from the meetings, and comments to the Advance Notice of Proposed Rulemaking (ANPRM) discussed below. Both reports can be found in Docket PHMSA-2011-0009. --------------------------------------------------------------------------- \5\ http://www.regulations.gov/contentStreamer?documentId=PHMSA-2011-0009-0027&attachmentNumber=1&disposition=attachment&contentType=pdf. --------------------------------------------------------------------------- D. Advance Notice of Proposed Rulemaking PHMSA published an ANPRM for gas pipelines on November 25, 2011 (76 FR 72666), asking the public to comment on the findings of the Interim Evaluation and issues relating to the expanded use of EFVs in gas distribution systems. PHMSA also sought comments from gas distribution operators on their experiences using EFVs, including: Technical challenges of installing EFVs on services other than SFRs; Categories of service to be considered for expanded EFV use; Cost factors; Data analysis in the Interim Evaluation; Technical standards for EFV devices; and Potential safety and societal benefits, small-business and environmental impacts, and the costs of modifying the existing regulatory requirements. PHMSA reviewed all of the comments received in response to the ANPRM. The comments received from the trade associations largely supported expanded EFV use, with certain limitations. Individual operators raised concerns about expanded EFV use that were generally related to logistics and implementation. Comments from municipalities reflected a concern that State laws that were already in place could conflict with new Federal requirements. The NTSB expressed strong support for increased EFV use. The ANPRM comments collectively helped PHMSA finalize the Interim Evaluation and determine what regulatory changes to propose in the Notice of Proposed Rulemaking (NPRM). E. Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011 In January of 2012, President Obama signed the Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011, which required PHMSA to study the possibility of expanding the use of EFVs beyond SFRs and issue a final report to Congress on the evaluation of the NTSB's recommendation on EFVs within 2 years after enactment of the Act. PHMSA was also required to issue regulations, if appropriate, requiring the use of EFVs or equivalent technology for new or entirely replaced gas distribution branch services, multifamily facilities, and small commercial facilities if economically, technically and operationally feasible. F. Notice of Proposed Rulemaking PHMSA published an NPRM (80 FR 41460) on July 15, 2015, asking the public to comment on the findings of the finalized Evaluation and PHMSA's proposals relating to the expanded use of EFVs in gas distribution systems. PHMSA proposed a rule that would: Expand the EFV requirement to include new or replaced branched service lines servicing SFRs, multifamily residences, and small commercial entities consuming gas volumes not exceeding 1,000 SCFH; Require the use of manual service line shut-off valves (e.g., curb valves) for new or replaced service lines with meter capacities exceeding 1,000 SCFH; Require operators to notify customers of their right to request installation of an EFV on existing service lines; and Leave the question of who bears the cost of installing EFVs on service lines not being newly installed or replaced to the operator, customer, and the appropriate State regulatory agency. III. Gas Pipeline Advisory Committee The Technical Pipeline Safety Standards Committee (otherwise commonly referred to as the Gas Pipeline Advisory Committee (GPAC)) is a statutorily mandated advisory committee that advises PHMSA on proposed safety standards, risk assessments, and safety policies for natural gas pipelines. The GPAC was established under the Federal Advisory Committee Act (Pub. L. 92-463, 5 U.S.C. App. 1-16) and the Federal Pipeline Safety Statutes (49 U.S.C. Chap. 601). The committee consists of 15 members, with membership equally divided among Federal and State agencies, the regulated industry, and the public. The GPAC advises PHMSA on the technical feasibility, practicability, and cost- effectiveness of each proposed natural gas pipeline safety standard. On December 17, 2015, the GPAC met via a teleconference facilitated by PHMSA at PHMSA's headquarters in Washington, DC. During the meeting, the GPAC considered the specific regulatory proposals set forth in the NPRM and discussed the various comments and edits to the NPRM proposed by the pipeline industry and the public. The GPAC, in a unanimous 8-0 vote, found the NPRM, as published in the Federal Register, and the Draft Regulatory Evaluation to be technically feasible, reasonable, cost-effective, and practicable, if (1) changes were made relative to Sec. 192.385 paragraphs (a) and (c), as amended during the meeting; and (2) PHMSA incorporated the preamble language regarding documentation of customer notification in Sec. 192.383(f). The GPAC recommended that PHMSA adopt the following changes: Curb Valve Accessibility for First Responders: PHMSA's proposal in the NPRM stated that manual service line shut-off valves are ``a curb valve or other manually operated valve located near the service main or a common source of supply that is accessible to first responders and operator personnel [. . .] in the event of an emergency.'' The GPAC recommended that the final rule remove language requiring proposed manual service line shut-off valves be accessible to ``first responders and operator personnel.'' Instead, the GPAC suggested that the rule require such valves be ``accessible to operator personnel or other personnel authorized by the operator.'' Several members of the GPAC shared the concerns of industry commenters that first responders would attempt to operate these manual service line shut-off valves without operator consent or authorization, which might lead to further or otherwise unforeseen consequences, including service outages. By allowing such valves to be used by ``other personnel authorized by the operator,'' operators could have discretion to ensure that people familiar with the gas distribution systems in question be qualified and authorized to operate manual service line shut-off valves, which might include properly trained emergency responders. Curb Valve Maintenance: PHMSA's proposal in the NPRM defined a manual service line shut-off valve as ``a curb valve or other manually operated valve located near the service main or a common source of supply that is accessible to first responders and [[Page 70990]] operator personnel to manually shut off gas flow to the service line in the event of an emergency.'' Several commenters noted that this definition could cause confusion and the potential misinterpretation that these curb valves would be subject to the maintenance requirements at Sec. 192.747, which states that ``each valve, the use of which may be necessary for the safe operation of a distribution system, must be checked and serviced at intervals not exceeding 15 months but at least once each calendar year.'' The GPAC recommended that manual service line shut-off valves installed under section Sec. 192.385 be subject to regular, but less prescriptive, scheduled maintenance, as documented by the operator and consistent with the valve manufacturer's specification. Documentation of Customer Notification: PHMSA's proposal in the NPRM stated operators ``must provide written notification to the customer of their right to request the installation of an EFV,'' and that ``each operator must maintain a copy of the customer EFV notice for three years.'' Several commenters noted that the term ``written'' seemed to exclude forms of electronic notification, and they also noted that documenting individual notifications would be a costly, overly burdensome task. The GPAC recommended that PHMSA incorporate language from the NPRM preamble indicating broader options for stakeholder communication, including statements printed on customer bills or mailings or certain forms of electronic communication, including Web site postings, would satisfy the customer notification requirement, and that operators could keep a single copy of a particular method of communication for purposes of fulfilling the documentation requirement. This final rule adopts all three recommendations of the GPAC. Additional discussion of the amendments and associated comments of the GPAC are provided below as a part of the comment discussion. IV. Comment Summary and Discussion In the NPRM published July 15, 2015, PHMSA solicited public comment on whether the proposed amendments would enhance the safety of natural gas distribution systems, as well as the cost and benefit figures associated with these proposals. PHMSA received 12 comments from a broad array of stakeholders, including trade organizations, pipeline operators, a government agency, and a public citizen safety watchdog group. Below is a list of organizations that submitted comments in response to the NPRM as well as the individual docket number for each comment. All comments and corresponding rulemaking materials received may be viewed on the www.regulations.gov Web site under docket ID PHMSA-2011-0009. The majority of the comments specifically supported expanding EFV installation requirements. Major concerns included whether first responders should have access to curb valves, whether curb valves required inspection and maintenance, and what methods were being proposed for customer notification and documentation. Minor concerns included EFV installation, the effective date of the rule, and exceptions to EFV installation and notification. The substantive comments received on the proposed regulations are organized by topic and are discussed in the appropriate sections below, along with PHMSA's responses. Pipeline Operators (5) New Mexico Gas Company (NMG) PHMSA-2011-0009-0032 Southwest Gas Corporation (SWG) PHMSA-2011-0009-0044 NiSource (NS) PHMSA-2011-0009-0042 Sierra Pacific Power Company (SPPC) PHMSA-2011-0009-0041 MidAmerican Energy Company (MAE) PHMSA-2011-0009-0034 Trade Associations (5) American Gas Association (AGA) PHMSA-2011-0009-0037 National Propane Gas Association (NPGA) PHMSA-2011-0009- 0045 Gas Piping Technology Committee (GPTC) PHMSA-2011-0009- 0036 American Public Gas Association (APGA) PHMSA-2011-0009- 0024 Northeast Gas Association (NGA) PHMSA-2011-0009-0039 Government/Municipalities (1) National Transportation Safety Board (NTSB) PHMSA-2011- 0009-0035 Public Citizen Groups (1) Pipeline Safety Trust (PST) PHMSA-2011-0009-0040 A. Expansion of EFVs to Multifamily Residences, Branch Service Lines, and Small Commercial Buildings Proposal: EFVs can reduce the risks of explosions by shutting off unplanned, excessive gas flows, primarily from excavation damage to service lines between gas mains and buildings. Gas distribution pipeline operators are currently required to install EFVs in new and replacement service lines supplying SFRs, per the final rule titled ``Integrity Management Programs for Gas Distribution Pipelines,'' issued on December 4, 2009. In the NPRM, PHMSA proposed adding four new categories of service for which EFV installation will be required on new and entirely replaced gas distribution services. These four new categories are as follows: Branched service lines to an SFR installed concurrently with the primary SFR service line (a single EFV may be installed to protect both lines); Branched service lines to an SFR installed off a previously installed SFR service line that does not contain an EFV; Multifamily installations, including duplexes, triplexes, fourplexes, and other small multifamily buildings (e.g., apartments, condominiums) with known customer loads at time of service installation, based on installed meter capacity, up to 1,000 SCFH per service; and A single, small commercial customer, served by a single service line, with known customer load at time of service installation, based on installed meter capacity, up to 1,000 SCFH per service. Comments: The majority of the commenters from trade associations, industry, citizen groups, and government entities explicitly supported the expanded use of EFVs in all categories and recognized the benefits of their use. The NTSB was ``pleased that PHMSA is now proposing to expand the requirements for installing EFVs'' and understood ``that the expanded coverage is based on a comprehensive examination of the practical operating limits of EFVs and comments on the ANPRM.'' The NTSB stated that it ``supports the measures proposed in the NPRM and believes that they will improve the safety of natural gas distribution pipeline systems.'' The PST noted the publication ``fulfill[s] the NTSB's recommendation from 2001 to its full scope,'' and they ``join[ed] with the NTSB in supporting this proposed expansion.'' Industry trade associations, such as the AGA, which represents more than 200 local energy companies throughout the United States and provides gas to 94 percent of U.S. customers, stated in their comments that they and ``their member utilities completely support expanding EFV installation to multifamily residential service lines and small commercial services.'' The APGA, the national, non-profit association of publicly owned natural gas distribution [[Page 70991]] systems with over 700 members serving 37 States, also supported the expansion of EFVs, stating that ``EFVs are the one tool that distribution operators can use to reduce the risk posed when natural gas service lines are ruptured by excavation.'' The APGA also noted that ``in written comments submitted in response to PHMSA's ANPRM published November 25, 2011, APGA and other commenters suggested EFV installation requirements virtually identical to what PHMSA has proposed,'' and ``commend[ed] PHMSA for adopting APGA's recommendation.'' NMGC ``commend[ed] and support[ed] expanding the use of excess flow valves to new and fully replaced branch services, small multifamily facilities, and small commercial facilities where economically, technically, and operationally feasible.'' SWG ``support[ed] the practical and reasonable expansion of EFVs to new and fully replaced service lines beyond single family residential applications,'' in part ``evident by its EFV installation policy and number of EFVs installed [on its existing system].'' Likewise, the NGA ``support[ed] PHMSA's proposal to expand the use of excess flow valves in gas distribution services for newly constructed applications other than single-family residences and when existing services are excavated or replaced,'' recognizing that ``installing EFVs, under conditions where they are effective, when new services are installed, or existing services are exposed, repaired or replaced, is a cost-effective measure to improve pipeline safety.'' The NGA also noted that it ``supported this proposal in its initial comments to the advanced notice of proposed rulemaking related to this issue in 2012.'' PHMSA Response: PHMSA has been attempting to address issues involving the broad installation of EFVs since at least 1990, and the NTSB has issued several recommendations to PHMSA and the regulated industry regarding the installation of EFVs on particular services as far back as the 1970s. NTSB Recommendation P-01-2, which asks PHMSA to ``require that excess flow valves be installed in all new and renewed gas service lines, regardless of a customer's classification, when the operating conditions are compatible with readily available valves,'' is one of PHMSA's oldest, unclosed NTSB recommendations. Prior attempts to require the installation of EFVs on certain gas distribution services were not supported by both industry and State pipeline safety partners; for years, EFVs were perceived as unreliable, costly pieces of equipment that might accidentally close and interfere with normal service, interfere with maintenance activities, or be difficult to size and use at varying line pressures. Further, in the Pipeline Inspection, Protection, Enforcement, and Safety Act of 2006, Congress provided PHMSA with a mandate to focus its resources on requiring EFV installation on service lines serving single-family residences as part of PHMSA's gas distribution integrity management program (DIMP) rulemaking. Following the issuance of the DIMP rulemaking and the EFV regulations in 2009, EFVs became more technologically feasible and cost-effective to a point where it became a realistic possibility for PHMSA to address fully the NTSB recommendation. PHMSA performed several studies and surveys to evaluate the feasibility of its position on high-volume EFVs and used its experience in the prior EFV rulemaking to assist in formulating this proposal. PHMSA is pleased that there is now such widespread support, both from industry and public groups, for expanding the installation of EFVs beyond SFRs. Accordingly, this final rule amends the Federal Pipeline Safety Regulations by adding the proposed four new categories of service to require EFV installation on branched service lines (both branched lines to SFRs installed concurrently with the primary SFR service line and branched lines to SFRs installed off a previously installed SFR service lines not containing an EFV), lines serving multifamily installations, and lines serving small commercial and industrial customers. B. Curb Valve Accessibility to First Responders Proposal: In the NPRM, PHMSA proposed requiring operators to install curb valves for applications that operate above 1,000 SCFH, are not suitable for EFV installation, and do not meet the exemptions in the existing Sec. 192.383. Curb valves are the most feasible alternative to EFVs in locations that exceed 1,000 SCFH or have other issues that prevent EFV use. Although they cannot be operated instantaneously like EFVs, curb valves can still mitigate the effects of gas line explosions and are an effective safety measure. Therefore, PHMSA proposed that any curb valves installed under this section be accessible to first responders. PHMSA's experience indicates that, frequently, first responders arrive at the scene of an incident before operator personnel do. If first responders have access to a curb valve during an emergency and can operate it, the valve can be closed to mitigate further consequences. Comments: The NTSB was pleased to note that PHMSA's proposal to require that operators ``install a manual service line shut-off valve on new or replaced service lines in such a manner that emergency personnel can access the valve [. . .] goes beyond the original intent of [the NTSB's] recommendation, to further ensure safety.'' The PST joined the NTSB in supporting this measure. Several of the commenters representing trade associations and operators supported the use of curb valves where EFVs are not feasible but strongly opposed requiring that curb valves always be accessible to first responders. These commenters generally indicated that it should be the operator's responsibility to operate these select portions of gas distribution systems and that it should be up to the operator's discretion to allow other personnel to operate these valves, if needed. Certain operators noted the ``Pipeline Emergencies'' training manual, a document developed by a team of respected emergency response and industry experts in partnership with the National Association of Fire Marshals and PHMSA, states that emergency responders should consult the local gas company to determine local procedures for fire department use of curb valves. The AGA indicated there are a few unique situations where operators have properly trained first responders to operate curb valves, but such a practice is not followed by most utilities. Certain industry operators, including the SPPC, commented that they specifically train first responders in their service territories, for safety reasons, not to manually shut off gas flows. If manual service line shut-off valves are accessible to first responders, first responders may operate the wrong valve, may not have the proper equipment to operate the valve, or may incorrectly operate the valve. Operators and trade associations also asserted that, given the complexity of gas distribution systems, emergency shut-off valves should only be operated by operator-qualified personnel who are familiar with the specific gas distribution system in question. NS suggested that, as operators have engineering records indicating the location of all valves and which ones they control, operator personnel can verify the location and purpose of a valve, thereby eliminating the possibility of operating the wrong one and creating a greater hazard. The AGA noted there are many accounts of first responders who, [[Page 70992]] without the approval of the gas company, have inadvertently closed the wrong valve or opened a valve that should have been closed. Several operators argued that allowing first responders to operate manual service line shut-off valves would create additional inconveniences or safety risks, including loss of service to other customers or additional property damage, injuries, or even deaths. Some operators indicated that giving first responders immediate access to curb valves would distract them from their primary mission, which is to perform safety assessments, make locations safe for people, and conduct evacuations from areas of danger. Instead, they would suddenly have responsibility for locating valves, determining which valves should be closed, and closing them--tasks which could potentially interfere with their primary mission and for which they might not be trained. At the GPAC meeting, members of the committee expressed concerns similar to those raised by industry regarding unauthorized or improper manual service line shut-off valve usage. The committee debated whether there could be a requirement authorizing first responders to operate those particular valves or whether operators could give discretion to certain first responders to operate valves. One question that was brought up was whether eliminating ``first responders'' from the proposed language (which would leave ``accessible to operator personnel'' remaining) would unintentionally create a requirement that would make manual service line shut-off valves accessible to only company personnel. The committee eventually suggested revising the paragraph by striking the reference to first responders and inserting ``other personnel authorized by the operator.'' The committee believed this would give operators the primacy they sought for operating their own distribution systems while, at the same time, making the valves accessible and usable by non-operator personnel with the operator's consent. PHMSA Response: PHMSA disagrees with those commenters who argued that curb valves should not be accessible to first responders. Many comments PHMSA received seemed to equate valve accessibility with authority or expectation to operate those valves without consent. PHMSA is in no way implying that first responders should have complete autonomy in deciding whether to operate valves on a given gas distribution system. In PHMSA's experience, there have been accidents where the consequences have grown due to operator delays in shutting off curb valves. As a part of an operator's regular liaison with first responders, operators can, if they wish, train first responders to use curb valves properly through regular exercises and communications. Further, if the valve cover plate is clearly marked, there should not be any confusion regarding the operation of the valve in an emergency. However, PHMSA is not advocating the unauthorized operation of these valves. Unless they believe there is imminent threat to human life or extensive property damage, first responders should not operate curb valves without operator input or consent. In this final rule, PHMSA is adopting the language recommended by the GPAC, which would make curb valves accessible to operators and other personnel authorized by the operator to manually shut off gas flow, if needed, in the event of an emergency. PHMSA appreciates the work of the GPAC in proposing a consensus solution that enables first responders, if qualified and authorized, to operate valves if needed, yet retains the operators' right to make decisions regarding the operation of their own systems. C. Curb Valve Maintenance Proposal: In its NPRM, PHMSA proposed requiring operators to install curb valves for applications that operate above 1,000 SCFH, are not suitable for EFV installation, and do not meet the exemptions in the existing Sec. 192.383. Curb valves are the most feasible alternative to EFVs in locations that exceed 1,000 SCFH or have other issues that prevent EFV use. Although they cannot be operated instantaneously like EFVs, curb valves can still mitigate the effects of gas line explosions and are an important safety measure. Under the proposed amendment to Sec. 192.385(c), manual service line shut-off valves for any new or replaced service line must be installed in such a way as to allow accessibility during emergencies. Comments: Just as it supported the proposal to ensure the accessibility of curb valves to first responders, the NTSB also supported this proposal. Comments from industry and trade associations, however, were unified in their concern that this requirement would create confusion regarding maintenance requirements based on earlier PHMSA interpretations. Specifically, operators noted that the addition of Sec. 192.385, as proposed in the NPRM, might lead to the mistaken inference that manual service line shut-off valves would be subject to the valve maintenance requirements set forth in Sec. 192.747, ``Valve maintenance: Distribution systems.'' The AGA, NMGC, SWG, and APGA all noted that PHMSA has issued many letters of interpretation affirming that Sec. 192.747 does not apply to curb valves, but the proposed Sec. 192.385 could be misconstrued to require such annual inspections. The AGA and NMGC support PHMSA's historical position that manual curb valves are not considered a ``critical valve'' for inspection purposes, suggesting that if these valves were to be designated as critical valves, operators would have to hire and train a significantly larger staff to inspect and maintain these valves, which would significantly increase operating costs and impose an administrative burden. The AGA and APGA noted that if it was PHMSA's intent to change its position and require annual inspections on these manual curb valves, this is not indicated in the NPRM, the estimated cost of the rule, or the estimated paperwork burden. Operators suggested PHMSA clearly state in the final rule that curb valves installed under this proposal would not be subject to the requirements at Sec. 192.747. At the GPAC meeting, members of the committee discussed this proposal and whether these valves should be inspected and maintained according to the requirements at Sec. 192.747. Several members agreed that inspecting and maintaining these valves would be an important safety measure, although several suggested that requiring these valves to be inspected and maintained would require an increase in staffing and operator qualification. Other members of the committee expressed concerns about operating these valves for inspection purposes, arguing that testing curb valves could knock out service in areas if they were operated improperly, and that testing could potentially present more risk than reward. Members of the committee also agreed that requiring annual inspection and maintenance of these valves would be unreasonable and perhaps unnecessary. Some suggested that if these valves were to be inspected and maintained, then perhaps those requirements could be tied to existing maintenance activities, such as leak surveys and patrolling, meter-change programs, or other times when service lines would be shut off. Ultimately, the committee suggested requiring valves installed under this section to be subject to regularly scheduled and documented maintenance consistent with the valve manufacturer's specifications. While some GPAC members expressed concern [[Page 70993]] that valve manufacturers might specify overly stringent inspection and maintenance intervals for particular curb valves, other GPAC members noted that manufacturer specifications are an important part of the industry's operation and maintenance considerations. PHMSA Response: PHMSA believes that curb valves installed under this section must be accessible (e.g., clear of debris) and occasionally operated to ensure they are working properly. A curb valve does not provide any safety benefit if it is inoperable. Therefore, to ensure the safe operation of a particular gas distribution system, it is imperative that these valves function as intended. PHMSA concluded that the burden of inspecting and maintaining these valves would be minimal, as operator personnel can meet these requirements by simply ensuring the valves are free of debris that could prevent operation and by ensuring the valves are able to turn and operate. Further, these requirements can be quickly performed and will not be an undue burden on operators, as operators can choose to coordinate them with other activities, such as leak surveys, patrolling, meter-change programs, as well as other actions where service would be shut off and properly qualified personnel are present.\6\ PHMSA also agrees with the GPAC discussion regarding manufacturer specifications. Not only are manufacturer specifications important to consider in the context of operating a safe gas transportation system, but market forces typically ensure reasonable operation and maintenance standards. --------------------------------------------------------------------------- \6\ Nonetheless, if there is minimal increase in time spent on the order of 5 minutes per visit for curb valve maintenance, PHMSA estimates costs would be approximately $113,416 annually for an estimated 40,955 curb valves per year based on a fully loaded hourly wage rate for natural gas distribution meter readers ($33.23 per hour per Bureau of Labor Statistics information (http://www.bls.gov/oes/current/oes435041.htm) and a total of 3,413 hours. --------------------------------------------------------------------------- PHMSA appreciates the work of the GPAC in debating this proposal and chooses to adopt the language the GPAC recommended, as the amendment strikes a good balance between limiting any potential burden imposed on operators and performing necessary activities to ensure operability and safety. Therefore, the final rule amends the Federal Pipeline Safety Regulations to require that manual service shut-off valves installed under this section be subject to regular scheduled maintenance as documented by the operator and consistent with the valve manufacturer's specifications. D. Customer Notification Proposal: PHMSA proposed in the NPRM that operators must notify customers of their right to request the installation of EFVs. Specifically, each operator must provide written notification to the customer of their right to request the installation of an EFV within 90 days of the customer first receiving gas at a particular location. Operators of master-meter systems may continually post a general notification in a prominent location frequented by customers. Comments: PHMSA received several comments on the proposed notification requirement regarding the frequency of notification, method of notification, notification content, and the persons who should receive notification. The NTSB was ``pleased that PHMSA is proposing to require the operator to inform customers of their right to request an EFV be installed on an existing service line,'' and the PST joined the NTSB in that support. Operators and trade associations nearly universally supported notifying all existing customers of their right to request an EFV through broad communication methods rather than the proposed individual, dedicated notification method, which those commenters argued would have created a significant administrative burden. Some commenters questioned the effectiveness of the requirement for notification to customers within 90 days of new service. The APGA felt it was unclear what was meant by ``notification must occur within 90 days of the customer first receiving gas at a particular location.'' This could be interpreted to apply when the operator changed the name of the person to whom it sends gas bills. This could also be interpreted not to require notification of existing customers who have been receiving gas for more than 90 days. MAE noted it appears the intent studied in the Evaluation was for a single annual notification to all customers and customer classes, based on a 1-hour level of burden. Several operators, including MAE and SPPC, as well as trade organizations, argued that establishing a 90-day requirement per customer would cause a significant increase in costs, documentation efforts, and a tangible administrative burden. MAE concurs with the idea of notifying owners of the option for an EFV and its potential benefits but believes this could be done with a new customer packet that could be acted upon by customers who want to initiate installation. This could then be inspected as a part of the public awareness program. Many operators and trade associations suggested that notifying all existing customers through a broad notification, such as ``bill stuffers,'' ``new customer'' packets, and Web site postings, would be a better use of operator resources and provide greater benefits. SWG noted that allowing operators to provide EFV notification through broad means would be consistent with the way PHMSA proposed the notification requirement for master-meter operators. Further, the AGA mentioned that the NPRM's ``Section-by-Section'' analysis indicated PHMSA was open to other forms of notification, such as a printed statement on a customer bill or mailings, but that was not evident in the actual proposed regulatory text. Members of the GPAC echoed this statement when the committee meeting was held and wanted PHMSA to clarify which methods of notification were acceptable. The AGA suggested that given the number of customers that have migrated to online billing and have opted to receive notifications electronically from their natural gas service provider, operators should be able to satisfy the notification requirement through electronic notifications to customers, postings on the company's Web site, and other forms of electronic communications. Satisfying the proposed requirement through these methods as well as traditional communications would allow effective communication at a lower cost and in a more efficient manner. The AGA urged PHMSA to make it clear in the final rule that individual communications to each customer would not be required, and that an annual general EFV communication would suffice. The APGA noted that, as many operators may elect to use bill stuffers to notify all customers about EFVs, PHMSA should allow, as an alternative to notification within 90 days of a customer receiving gas, operators to notify all customers annually of their right to request an EFV. For many APGA members, this would be the least administratively burdensome method of notifying customers and have the added benefit of providing customers who may have overlooked the original notice with additional opportunities to choose to have an EFV installed on their service lines. Several commenters had miscellaneous concerns on what the customer notification should contain. SPPC suggested providing a description of EFVs and their safety benefits as well as advice on how to request one, a notification that could be inspected as part of an operator's public awareness [[Page 70994]] program. The AGA recommended that PHMSA require operators include general information in their public communications on the cost associated with retrofitting an existing service line to accommodate an EFV. NS suggested PHMSA adapt and incorporate language similar to that issued in the 1998 EFV customer notification rule, including language discussing the potential safety benefits, a description of installation and replacement costs, and an explanation of when a requested EFV would be installed. PHMSA Response: PHMSA appreciates the comments received on this topic and the industry's support for a broad annual notification requirement that would provide customers with important safety information. When outlining the proposal in the NPRM, PHMSA did not intend to suggest that customer EFV notifications needed to be non- electronic or otherwise individually carried out. PHMSA has no objection to the method by which operators notify their customers as long as the operator can be sure of reaching all customers who have a right to request an EFV. Therefore, a combination of methods, including Internet Web site postings, bill stuffers, new customer packets, statements on billing materials, et cetera, can be used to notify all customers. PHMSA has determined that, as many of the commenter-proposed methods would theoretically notify, on a regular basis, all customers about their potential right to request an EFV, a broad, electronic method of communication would meet the intent of the regulation and be acceptable. PHMSA has also determined that, as operators appear to be willing to notify all existing customers about their potential right to request an EFV, the specific 90-day customer notification window for new services is unnecessary. PHMSA has removed this language from the final regulatory text. A broad notification to all customers will also address any concerns about reaching customers who are not eligible for EFV installation or who have already had EFVs installed. As for the specific content of a notification, PHMSA has determined it would be beneficial to include language that was previously required in the 1998 EFV notification rule, especially considering that operators would already be familiar with the previous requirements. In line with comments from SPPC, AGA, and NS, PHMSA will require that operators include general information on the cost associated with EFV installation, the potential safety benefits that may be derived from installing an EFV, and conditions for installation. The operator may choose how to word the specific information as long as they provide sufficient information to give customers a rational basis for deciding whether they want to request an EFV installation. The notification should also be written in plain language. E. Customer Documentation Proposal: PHMSA proposed in the NPRM that each operator must maintain a copy of the customer EFV notice for 3 years. This notice must be available during PHMSA inspections or State inspections conducted under a pipeline safety program certified or approved by PHMSA under 49 U.S.C. 60105 or 60106. Comments: The majority of the comments submitted by industry and trade associations were an extension of the concerns regarding customer notification and focused on the idea that documenting individual notifications would be a major undertaking and a poor use of resources. While many operators and trade associations seemed to agree that using and documenting broad methods of communications (e.g., statements printed on customer bills, mailings, or electronic Web pages) would be reasonable, there were some differing opinions on how notifications should be documented. The AGA recommended that the final rule allow retention of a single copy of any notice, accompanied by a listing of the customers who received the mailing, or by documenting the electronic communication itself. The APGA noted that in the proposed rule's preamble, PHMSA stated that evidence of notification could include such items as a statement printed on customer bills or mailing. The APGA further noted that PHMSA did not propose to require operators to keep records showing that individual customers had been notified. SWG stated that while the section-by-section analysis indicated that operator evidence of notification could include such items as a statement printed on customer bills or mailings, the proposed regulatory text did not include such language. Some operators and trade associations discussed other issues pertaining to the 3-year recordkeeping requirement. SPPC and NGA noted that customer properties with frequent turnover would have multiple records for the same address that would need to be maintained and sorted for a period that could extend beyond the 3 years required by the regulations. The NPGA argued that PHMSA's recordkeeping requirement presented a greater burden than estimated. For large liquefied petroleum gas (LPG) operators, it would be a considerable clerical task to collect and review all EFV installation notifications to maintain a record spanning 3 years. The NPGA suggested that PHMSA permit the recordkeeping as an option rather than a requirement, which would allow LPG operators to choose best practices for their businesses and customers. PHMSA Response: PHMSA determined that several of the concerns raised by commenters in this section could be addressed through clarifying the proposed language and through revisions to the customer notification method. It was not PHMSA's intent to suggest that operators would need to transmit and document individual notifications to eligible customers. As a few of the commenters pointed out, PHMSA had indicated that a statement printed on customer bills or mailings would suffice as evidence for customer notification, but this language and intent was not incorporated into the proposed regulatory text. As PHMSA is allowing operators to notify customers through a broad range of electronic and traditional communications, the agency will also allow operators to retain a copy of the broad annual notification or notifications they are using to communicate with customers their right to request an EFV. In line with the 2008 Federal Pipeline Safety Regulations regarding operator evidence of customer notification, operators will be required to make a copy of the notice currently in use available during PHMSA inspections or inspections conducted under a program certified or approved by PHMSA under 49 U.S.C. 60105 or 60106 without any further recordkeeping requirement or timeframe. F. Installation Flexibility Proposal: PHMSA proposed in the NPRM that operators must install a manual service line shut-off valve for any new or replaced service line with an installed meter capacity exceeding 1,000 SCFH. Comments: Overall, operators and trade associations supported installing curb valves where EFVs are not feasible due to operational concerns. However, many operators and trade associations noted that the language, as proposed, did not allow operators flexibility for installing EFVs where possible on lines operating at greater than 1,000 SCFH and also might require operators to install both an EFV and a manual service line shut-off valve on the same line. [[Page 70995]] Several operators and trade associations, including SPPC, NMGC, AGA, NS, MAE, APGA, and SWG, suggested PHMSA revise the proposed regulatory text to give operators the option to install either an EFV or a manual service line shut-off valve based on sound engineering analysis and the availability of larger-format EFVs. The NMGC verified with EFV manufacturers, such as GasBreaker Inc., that EFVs are available and will meet the requirements necessary for operating on single-family residences above 1,000 SCFH. NS saw an opportunity to encourage operators to install EFVs on loads in excess of 1,000 SCFH, as NS has had success with installing EFVs in service lines for loads greater than 1,000 SCFH. The APGA believed the technology of EFVs and products available would continue to evolve, and in the future, some operators may test and become comfortable installing EFVs on some services operating above 1,000 SCFH. The APGA noted the rule should state that an operator need not install a curb valve if the operator installs an EFV on a service line instead. Further, SPPC noted that this requirement should be flexible enough to ensure that operators can account for increased loads in the future, such as being able to install a curb valve on a new service line with an initial load less than 1,000 SCFH but that might later exceed 1,000 SCFH so as to avoid the additional cost of replacing an EFV with a curb valve in the future. Additionally, NMGC, SWG, NGA, and AGA determined that under no circumstances should operators be required to install both an EFV and a manual service line shut-off valve on the same service line. The AGA noted that, as currently proposed, the regulations would require both a manual curb valve and an EFV on (1) any SFR operating at greater than 1,000 SCFH or (2) a non-SFR operating at greater than 1,000 SCFH where an operator installed an EFV under DIMP. Further, as proposed, the rule could prohibit further innovation on EFVs that might be able to operate above 1,000 SCFH. The GPTC expressed a similar view on the issue, noting that the rule, as proposed, would not give an operator sufficient flexibility to use sound engineering practices to design an EFV on service lines with loads greater than 1,000 SCFH, in lieu of a manual curb valve. In the proposed Sec. 192.383(b)(4) and (5), PHMSA established a threshold of 1,000 SCFH customer load over which an EFV was not required. However, there is no threshold limit of 1,000 SCFH for proposed Sec. 192.383(b)(1), (2), and (3). The result is that a large SFR or branch to two large SFRs with a service line load greater than 1,000 SCFH would have both an EFV and a curb valve, but a multifamily residence with a service line load greater than 1,000 SCFH would require only an emergency curb valve, even if an EFV were available and suited for the application. The GPTC asked PHMSA to modify this section to allow greater flexibility. PHMSA Response: PHMSA did not intend to require that operators install both a curb valve and an EFV on the same service line and would like to give operators the flexibility to choose the proper safety valve. PHMSA has no objection to operators installing EFVs on lines with capacities over 1,000 SCFH, as long as that decision is reached through sound engineering analysis. To clarify, if an operator cannot or chooses not to install an EFV on an applicable service line with capacity over 1,000 SCFH, it must install a curb valve. PHMSA notes that it originally wanted to require operators install EFVs on service lines with loads up to 5,000 SCFH, as PHMSA knows that valves are available for these applications, and manufacturers have indicated they have sold EFVs for these load sizes. PHMSA chose the 1,000 SCFH threshold, which was accepted by the GPAC, as a compromise based on comments from industry. Having operators perform a sound engineering analysis will allow PHMSA to verify operators are taking into account maximum loads and the capabilities of EFVs, if available, to handle those loads. An operator's engineering analysis for sizing an EFV should be based on maximum expected load throughout the year, including snap loads, critical supply applications, system configuration, and future anticipated loads (e.g., when commercial facilities in a shopping center change, gas loads would also change). In many instances, operators size EFVs based on meter capacity at the service. Operators must use caution in expanding EFV use to other larger commercial and multifamily dwelling applications due to the complexity of service line design and usage patterns. In response to SPPC's comment, PHMSA is not allowing manual valve installation for loads below 1,000 SCFH, even when future anticipated loads may exceed that threshold. In this final rule, PHMSA is allowing operators to install EFVs in lieu of manual valves in instances where loads exceed 1,000 SCFH. As operators already consider anticipated design loads and work with distribution system designers to determine proper system configurations and valve sizing when installing systems, operators should be able to install appropriate valves for future anticipated loads. PHMSA also considered the GPTC's comment. In the best professional judgment of PHMSA's subject matter experts, a SFR service line combined with a branch service to another SFR isn't known to exceed 1,000 SCFH, and typical houses consume anywhere from 100-250 SCF per day. However, commercial and industrial facilities can exceed 1,000 SCFH, and therefore the threshold is needed. Accordingly, in this final rule, PHMSA has amended the Federal Pipeline Safety Regulations at Sec. 192.385(b) to require that operators install either a manual shut-off valve or, if possible, based on sound engineering analysis and availability, an EFV on lines operating at capacities exceeding 1,000 SCFH. G. Cost Recovery and Other Cost-Benefit Issues Proposal: In its NPRM, PHMSA proposed that existing service line customers who desire an EFV on service lines not exceeding 1,000 SCFH and not meeting one of the exceptions contained in paragraph (c) of Sec. 192.383 may request an EFV on their service lines. If a service line customer requests EFV installation, an operator must install the EFV at a mutually agreeable date. The appropriate State regulatory agency would determine who would bear the cost of installation and how the cost would be distributed. Comments: Operators and trade associations were strongly opposed to the final sentence in PHMSA's proposal that designated the appropriate State regulatory agency as the entity that would determine who would bear the cost of the requested EFV. Most of the comments questioned whether PHMSA had the legal authority to make such a statement and whether a State regulatory agency would be the appropriate authority for all cases. Specifically, the AGA, APGA, and GPTC noted that PHMSA lacked the jurisdiction to codify and regulate the manner by which utilities handle charges to customers. The NPGA noted that PHMSA's proposal to permit State regulatory authorities to determine what party is responsible for installation costs when a customer requests installation of an EFV presents particular concerns for LPG systems and businesses. PHMSA's deference to State agencies would impose disproportionately negative effects on operators of LPG systems compared to other utilities, since LPG pipeline operators are not regulated in [[Page 70996]] the same manner as natural gas utilities. The NPGA asked that PHMSA modify the proposal to assign the cost of EFV installation performed at a customer's request to the customer itself, as LPG businesses are not positioned to pass along additional costs to customers in the same manner as locally regulated utilities. NS noted that in previous amendments to Sec. 192.383 (EFV customer notification, Feb 3, 1998), the Research and Special Programs Administration, PHMSA's predecessor agency, acknowledged that the cost of installing an EFV on an existing line was to be the responsibility of the customer. Therefore, if PHMSA wishes to address who is to pay for the installation of EFVs on existing service lines, NS proposed that PHMSA adopt its previous requirement that the service line customer bear the cost. NS also believed this requirement would also be best addressed under Sec. 192.383(e). The APGA was vehemently opposed to the proposed language stating that the appropriate State regulatory agency would determine to whom and how the costs of the requested EFVs would be distributed, indicating that of the approximately 1,000 public gas utilities subject to the Federal Pipeline Safety Regulations, only a few have a State agency determining how the cost of gas service is distributed among customers. Whereas State public utility commissions (PUC) typically review and approve the rates charged by investor-owned and privately owned operators (which represent less than 25 percent of distribution operators regulated by PHMSA), rates for public distribution systems are typically approved by the municipality, utility board, or similar local oversight body. The APGA noted the preamble of the NPRM made clear that PHMSA did not intend to regulate how EFV costs would be recovered and did not believe it was PHMSA's intent to require public gas distribution operators to become subject to PUC review for EFV cost recovery. Rather, the APGA believed it was PHMSA's intent to ``leave the determination of how the cost of installing an EFV at customer request to the operator and whatever body approves the operator's gas rates.'' Apart from PHMSA's proposal for determining cost recovery, some commenters discussed additional cost-benefit issues related to EFV installation on existing service lines. The APGA noted that operators should only be required to install EFVs if requesting customers also agree to whatever cost-recovery mechanism has been included in the operator's approved rates. The AGA, SWG, and NGA noted that the cost of retrofitting an EFV on an existing service line could be significant, with SWG adding that this cost was not included in PHMSA's cost-benefit analysis. The NGA further indicated that offering customers the option of installing EFVs on existing services not planned for replacement, excavation, or repair was not a cost-effective safety measure, and installing EFVs on existing services should be evaluated by each operator as a part of its integrity management planning. MAE requested a further analysis of the value and costs of installation, operations and maintenance, and leak rates on curb valves to determine whether there are more cost-efficient methods of emergency shut-off. A member of the GPAC also expressed concerns about PHMSA's cost-benefit numbers related to curb valves, suggesting that PHMSA reconsider including curb valve maintenance in the cost-benefit analysis and further analyze whether the incidents PHMSA used when examining the effectiveness and usefulness of curb valves were applicable to the analysis. Specifically, the GPAC member questioned whether, for the incidents PHMSA selected applicable to curb valves in its analysis, a curb valve on the line would have actually prevented fatalities, injuries, or property damage, noting that the narrative of a few of the accidents indicated some of the fatalities and injuries were actually caused by car crashes and not the subsequent gas incidents. PHMSA Response: It was not PHMSA's intent in the proposal to specifically delegate cost-recovery duties to State regulatory agencies, especially where certain operators do not have their rates set by these entities. In the Section-by-Section analysis of the NPRM, PHMSA noted it ``has no jurisdiction concerning natural gas rates or any costs incurred due to installation of an optional EFV at a consumer's request.'' PHMSA was only trying to indicate that it would defer to the existing rate-setting and cost-recovery structure under which operators currently operate. Therefore, PHMSA has removed the reference to ``State regulatory authority'' in the regulatory text applicable to cost recovery and has inserted ``The operator's rate- setter'' to reflect this intent. PHMSA understands that the cost of installing an EFV on an existing line at the customer's request is more expensive than if the line were new or being replaced due to excavation and additional labor costs and determined it was not cost-effective to require the fitting of an EFV on all existing services. A 2007 National Regulatory Research Institute (NRRI) study titled ``Survey on Excess Flow Valves: Installations, Cost, Operating Performance, and Gas Operator Policy,'' suggests that customer- initiated EFV installations are quite rare, even in locations where they are currently allowed by local policy, and would not be a circumstance operators would be dealing with in significant numbers. However, without this provision, customers on existing lines without an EFV would essentially have no option to install an EFV, even if they highly valued the risk reduction that it provided and were willing to pay the full installation cost. These foregone transactions would represent deadweight loss. Although PHMSA determined that mandatory installation on all existing lines would not be cost-effective due to excavation and labor costs, some individual households might have a high willingness-to-pay for EFVs due to differences in risk aversion, rate of time preference, and other factors. Further, it is PHMSA's understanding that customers would typically be required to pay for these installations. From an economic standpoint, an EFV requested and paid for by a customer would actually increase the overall net benefit of the final rule, as PHMSA can infer from the customer's choice that they value the EFV's protection at a level greater than the cost they pay.\7\ Therefore, PHMSA has chosen to retain the right for existing customers to request an EFV installation if they are eligible. --------------------------------------------------------------------------- \7\ For retrofits, the benefits per valve would be essentially the same as calculated in the accompanying Regulatory Impact Analysis (a range of $4 to $44 at a 7 percent rate, depending on the customer type). --------------------------------------------------------------------------- As for the concern of whether applicable incidents were chosen to analyze the costs and benefits for curb valves, PHMSA applied reasonable filters to its data to choose appropriate and applicable incidents for analysis but there can be some level of uncertainty in such incident data. PHMSA is also aware of incidents that might have been prevented by the use of a curb valve, but these incidents were excluded from the analysis due to data limitations or for other reasons. In light of this particular comment, however, PHMSA reexamined and revised the incident set pertaining to curb valves in order to provide a more conservative cost-benefit analysis. For some of the incidents in question (e.g., where drivers crashed cars into meter sets), it is unlikely a curb valve would [[Page 70997]] have been effective in preventing the incident following impact, and these incidents were removed from the data set. The final Regulatory Impact Analysis is available in the docket. PHMSA notes that because a curb valve can allow gas flow to be shut off quickly, a curb valve could still be effective in mitigating the consequences of these incidents by shortening their duration, especially where property damage is concerned. Further, PHMSA's data is limited and often does not indicate clearly whether fatalities, if not caused by the initial impact, are due to injuries sustained during the crash or by the subsequent pipeline incident. For example, quickly shutting off the flow of gas at the site of an incident may be able to save the life of someone who has been knocked unconscious or has been otherwise incapacitated. Because of this, PHMSA still believes that installing EFVs and curb valves on service lines can provide a tangible safety benefit to the public and the environment. H. Miscellaneous Comments Effective Date Proposal: The NPRM proposed that each operator must install an EFV on any new or replaced service line for the services listed in the proposed Sec. 192.383(b) before those lines were activated and prior to January 3, 2014. Comments: Several operators and trade associations, including AGA, NS, and APGA, noted that the effective date for the proposed rule would impose the installation requirement retroactively. These commenters requested that operators be given at least 6 months to prepare for complying with the rule, including time to establish cost allocation with the appropriate rate-setter and to source the valves. PHMSA Response: This portion of the rule was drafted with the 2012 statutory mandate in mind and did not necessarily indicate a retroactive requirement. PHMSA has revised the effective date in the final rule to allow operators 6 months to comply. Exceptions to the Right To Request an EFV Proposal: The NPRM proposed that operators need not install an EFV if one or more of the following conditions were present: (1) The service line does not operate at a pressure of 10 psig or greater throughout the year; (2) the operator has prior experience with contaminants in the gas stream that could interfere with the EFV's operation or cause loss of service to a customer; (3) an EFV could interfere with necessary operation or maintenance activities, such as blowing liquids from the line; or (4) an EFV meeting performance standards in Sec. 192.381 is not commercially available to the operator. Comments: The AGA and APGA noted that because of these exemptions, operators should not be required to provide an individual notification to customers of their right to request an EFV if it is not feasible to install an EFV on that customer's service line. The APGA also noted that if most operators chose to satisfy the notification requirement through customer bills or other mass communication, every customer would still receive notification, regardless of whether EFV installation were impossible or impractical. The APGA also believed that PHMSA should reconsider applying the proposed requirements for the right to request an EFV and customer notification to master-meter operators. As master-meter operators typically serve ``garden-style'' apartments, mobile home parks, universities, public housing, et cetera, the ``customer'' is typically a renter and not an owner, which could potentially cause confusion as to who has the right to request an EFV. The AGA and SPPC asked that PHMSA consider exempting service lines that already had manual valves on them or lines where an operator might expect the load to increase beyond 1,000 SCFH and would install a manual valve instead. PHMSA Response: PHMSA noted that the AGA and APGA comments were submitted under the assumption that PHMSA was requiring individual communications to all customers. As the APGA noted, because PHMSA is allowing broad and electronic communication methods regarding EFV installation, all customers, regardless of their eligibility for EFV installation, will be receiving a form of notice. Further, PHMSA has determined that master-meter operators will largely be held to the same standards as other operators as far as EFV installation is concerned. PHMSA does not wish to include any further exceptions to the ones that were proposed. PHMSA is concerned that operators might interpret the fact that a service line already has a manual valve to mean that an EFV does not need to be installed. This would be an incorrect assumption. Applicable new and replaced service lines with loads not exceeding 1,000 SCFH must have EFVs installed on them. Moreover, as PHMSA is allowing installation flexibility for lines operating above 1,000 SCFH, the agency believes it is unnecessary to provide a specific exemption for installing an EFV when the line could be expected to operate above 1,000 SCFH. Definitions Comments: Several commenters requested definitions or clarification for a few terms in the NPRM. Specifically, SPPC asked PHMSA to add a definition of ``branch service line'' to Sec. 192.383(a). The APGA noted that SFR is not defined in part 192 and that PHMSA should add it to the definitions or spell out the term when used. The APGA also noted that PHMSA does not define who the ``customer'' is whom the operator must notify and who has the right to request an EFV. The APGA noted that, in the preamble, PHMSA states that messages on bills would satisfy the notification requirement, which appears to intend that the customer is the person to whom the utility sends the gas bill. The APGA urged PHMSA to clarify this definition if this is the case, as the term ``customer'' might also be interpreted to mean the consumer of the gas, a resident at a rented property, or perhaps the owner of a property. These could all be different people. The GPTC recommended adding a reference to proposed Sec. 192.385(b) and (c) to refer back to Sec. 192.383 and PHMSA's definition of replaced service line. MAE recommended PHMSA revise Sec. 192.381(a) to clarify whether EFVs are required for systems that normally operate at 10 psig but that have minimum design pressures of 5-6 psig for anticipated heavy-load conditions. PHMSA Response: PHMSA has added a definition of ``branch service line'' to the definitions paragraph of Sec. 192.383 and spelled out ``SFR'' the first time it is used. While PHMSA does not delineate who the ``customer'' is in the regulatory text, the APGA is correct in that PHMSA intends the ``customer'' to be the person to whom the utility sends the gas bill. PHMSA declined to add a reference in proposed Sec. 192.385(b) and (c) back to Sec. 192.383 regarding PHMSA's definition of a replaced service line. PHMSA intends curb valves installed under Sec. 192.385 to be appropriate substitutes for EFVs and are not otherwise considered manual valves within the distribution network. Regarding MAE's comment, the language indicating that EFVs are to be used on service lines operating continuously throughout the year at a pressure not less than 10 p.s.i. (69 kPa) gage has been in the regulations since 1996. The only change that has been made since that time is the removal of the term ``single-family'' from ``service lines.'' PHMSA is aware, however, there [[Page 70998]] are service lines that experience pressure drops below 10 psig during heavy loading conditions. These lines are not required to have EFVs installed on them. Editorial Comments Comments: NS suggested that proposed language concerning a mutually agreeable installation date should be moved to proposed Sec. 192.383(e), which deals with notification requirements. The APGA was not clear on what ``EFV measures'' the reporting requirement refers to. The APGA suggested this is not a new reporting requirement but rather refers to the existing EFV reporting requirements in Sec. 191.11 and should either be deleted or clarified to make clear that it only applies to operators that are required to file annual reports. PHMSA Response: PHMSA considered these changes and made edits to the regulatory text where appropriate. EFV Standard Development Comments: The GPTC noted that while it appreciated PHMSA's reference to the GPTC and its work, it still sought to clarify that the GPTC's Guide Material Appendix 192-8, which provides operators with guidance for developing a distribution integrity management program and compliance with certain sections of part 192, does not include information on the selection, sizing, or installation of EFVs. They noted that helpful guidance to assist operators in addressing EFV performance, selection, and installation considerations is found in MSS SP-115, ASTM F1802, and ASTM F2138. The GPTC also suggested that if PHMSA wants specific standards to be developed, then PHMSA should approach those organizations to develop such standards. The NGA commented that it did not believe that development of EFV standards was needed and that the development of design considerations would best be performed by the utilities themselves or by standards- setting organizations, based on EFV manufacturer specifications considering customer load, meter size, service pipe size, and pressures. PHMSA Response: PHMSA solicited comments in the gas pipeline ANPRM on whether standards should be developed for EFVs. In the NPRM, PHMSA noted that it would not be incorporating by reference any new standards for EFVs into the Pipeline Safety Regulations but might do so in the future if the need arose. V. Regulatory Notices and Analysis A. Statutory/Legal Authority for This Rulemaking This final rule is published under the authority of the Federal pipeline safety laws (49 U.S.C. 60101 et seq.). Section 60102 of title 49, U.S.C., authorizes the Secretary of Transportation to issue regulations governing the design, installation, inspection, emergency plans and procedures, testing, construction, extension, operation, replacement, and maintenance of pipeline service lines. Further, Section 60109(e)(3)(B) states that ``the Secretary, if appropriate, shall by regulation require the use of excess flow valves, or equivalent technology, where economically, technically, and operationally feasible on new or entirely replaced distribution branch services, multifamily facilities, and small commercial service facilities.'' B. Executive Order 12866, Executive Order 13563, and DOT Regulatory Policies and Procedures This final rule is a non-significant regulatory action under section 3(f) of Executive Order 12866 (58 FR 51735) and, therefore, was not reviewed by the Office of Management and Budget. This final rule is not significant under the Regulatory Policies and Procedures of the Department of Transportation (44 FR 11034) because of substantial stakeholder interest in pipeline safety. Executive Orders 12866 and 13563 require agencies regulate in the most cost-effective manner, make a reasoned determination that the benefits of the intended regulations justify its costs, and develop regulations that impose the least burden on society. PHMSA is providing the final Regulatory Impact Analysis (RIA) simultaneously with this rule, and it is available in the docket. The final RIA does not address the benefits and costs of the proposal to require operators to install EFVs on branched service lines providing gas service to SFRs because the benefits and costs of this proposal were addressed in the regulatory impact analysis for a previous rulemaking.\8\ The final RIA found that the estimated monetized benefits do not exceed the monetized costs in all cases. For the requirement of installing EFVs on new or replaced service lines providing gas service to multifamily residences, the monetized costs exceeded monetized benefits, even when using lower- bound cost estimates. PHMSA believes that the amendments are nevertheless justified by significant unquantifiable benefits, such as avoided evacuations and environmental damage from EFV-preventable incidents, including incidents that could not be included in the analysis because they do not meet PHMSA's reporting criteria. EFVs also provide protection against a low-probability but high-consequence incident that could inflict mass casualties. --------------------------------------------------------------------------- \8\ ``Pipeline Safety: Integrity Management Programs for Gas Distribution Pipelines.'' December 4, 2009, (74 FR 63906) (RIN 2137- AE15. --------------------------------------------------------------------------- PHMSA estimates a total impacted community of 4,448 operators for this rule (3,119 master meter/small LPG operators who will need to comply with notification requirements and 1,329 natural gas distribution operators who will need to install valves and comply with notification requirements) and 222,114 service lines per year on average. PHMSA assumed that valves do not have network effects; in other words, each EFV operates independently, and the costs and benefits of EFV installation simply scale linearly. The total annualized benefits of the rule are $5.5 million when discounted at 7 percent, while the total annualized costs are $10.6 million. At the 3 percent discount rate, the total benefits of the rule are $10.6 million, while the costs are $12.0 million. The following table summarizes the annualized benefits and costs of this final rule: Table ES-1--Summary of Estimated Benefits and Costs ($ Millions) \1\ ------------------------------------------------------------------------ Customer category Annualized benefit Annualized cost ------------------------------------------------------------------------ Branched Line Single Family..... See note.......... See note. Multifamily Residence........... 1.0............... 6.2 Small Commercial................ 1.6............... 1.1 Industrial/Other curb valve..... 3.0............... 3.0 [[Page 70999]] All classifications: Not estimated..... 0.3 Notification & recordkeeping. --------------------------------------- Total....................... 5.5............... 10.6 ------------------------------------------------------------------------ Note: Benefits and costs for branched SFR services accounted for in economic analysis of previous rulemaking (Distribution Integrity Management Program). \1\ 50-year present value converted to annual equivalent using 7% discount rate. Additional unquantified benefit areas include: Equity: Provides a fair and equal level of safety to members of society who do not live in SFRs; Additional incident costs avoided for which no PHMSA incident data are available: Mitigates the consequences (death, injury, property damage) of incidents when customer piping or equipment is involved and thus the incident would not be reflected in PHMSA records; Additional incident costs that are not recorded in incident reports, including costs of evacuations, emergency response costs, and business downtime; Environmental externalities associated with methane releases (discussed in the RIA Appendix); Peace of mind for operators and customers; and Protection against seismic events and intentional tampering. Executive Order 13563 is supplemental to and reaffirms the principles, structures, and definitions governing regulatory review that were established in Executive Order 12866, Regulatory Planning and Review, of September 30, 1993. Additionally, Executive Order 13563 specifically requires agencies to: (1) Involve the public in the regulatory process; (2) promote simplification and harmonization through interagency coordination; (3) identify and consider regulatory approaches that reduce burden and maintain flexibility; (4) ensure the objectivity of any scientific or technological information used to support regulatory action; and (5) consider how to best promote retrospective analysis to modify, streamline, expand, or repeal existing rules that are outmoded, ineffective, insufficient, or excessively burdensome. When developing this rule, PHMSA involved the public in the regulatory process in a variety of ways. Specifically, PHMSA considered public comments based on the proposals in the NPRM, addressed those comments in the docket, and discussed the proposals with the members of the GPAC and any public representatives in attendance. This final rule is expected to produce a safety benefit that addresses a congressional mandate and a NTSB safety recommendation and which can be implemented at relatively minor cost; similar regulations have been effective when applied to single-family residences. Further, industry has already shown a willingness to expand EFV applications, recognizing that EFVs have the potential to avert high-cost, low- probability events that, while absent in the dataset for multifamily residences, can still occur. C. Executive Order 13132: Federalism This final rule has been analyzed in accordance with the principles and criteria contained in Executive Order 13132 (``Federalism''). PHMSA issues pipeline safety regulations applicable to interstate and intrastate pipelines. The requirements in this rule apply to operators of distribution pipeline systems, which are primarily intrastate pipeline systems. Under 49 U.S.C. 60105, a State may regulate an intrastate pipeline facility or intrastate pipeline transportation after submitting a certification to PHMSA. Thus, State pipeline safety regulatory agencies with valid certifications on file with PHMSA will be the primary enforcers of the safety requirements proposed in this NPRM. Under 49 U.S.C. 60107, PHMSA provides grant money to participating States to carry out their pipeline safety enforcement programs. Although a few States choose not to participate in the natural gas pipeline safety grant program, every State has the option to participate. This grant money is used to defray additional costs incurred by enforcing the pipeline safety regulations. PHMSA has concluded this final rule does not include any regulation that: (1) Has substantial direct effects on States, relationships between the national government and the States, or distribution of power and responsibilities among various levels of government; (2) imposes substantial direct compliance costs on States and local governments; or (3) preempts State law. Therefore, the consultation and funding requirements of Executive Order 13132 (August 10, 1999; 64 FR 43255) do not apply. D. Regulatory Flexibility Act The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires an agency to review regulations to assess their impact on small entities, unless the agency determines that a rule will not have a significant impact on a substantial number of small entities. This final rule has been developed in accordance with Executive Order 13272 (``Proper Consideration of Small Entities in Agency Rulemaking'') and DOT's procedures and policies to promote compliance with the Regulatory Flexibility Act to ensure that potential impacts of rules on small entities are properly considered. This final rule requires gas pipeline operators to comply with the new EFV installation requirements. The Small Business Administration (SBA) criteria for defining a small business in the natural gas pipeline distribution industry is one that employs less than 1000 employees as specified in the North American Industry Classification System (NAICS) codes. The RFA defines ``small governmental jurisdiction'' as the government of a city, county, town, township, village, school district, or special district with a population less than 50,000. To identify gas distribution operators affected by the proposed requirements that are small businesses or small governmental jurisdictions, PHMSA used information provided by Dun and Bradstreet. Dun and Bradstreet provides PHMSA with estimates of small business classifications based on SBA size standards for operators that file an annual report, along with a flag for public sector entities that is based on information such as entity name and NAICS code. These data indicate that approximately 60 percent of affected operators are public entities; among these, the share that are small governmental jurisdictions is not known. Among the private sector entities, approximately one-third are small entities according to the SBA size definition for their NAICS code. The most common of these is NAICS [[Page 71000]] 221210, natural gas distribution, for which the standard is 1,000 employees. Overall, while the number of small entities is not known with precision, it appears to be substantial when considering gas distribution operators that are small businesses or small governmental jurisdictions, as well as the master meter and small LPG operators that are presumed to be small entities. However, PHMSA determined that this rule does not have a significant economic impact on a substantial number of small entities. While the natural gas distribution industry includes many small entities, including both small businesses and small governmental jurisdictions, the impacts of the rule are clearly de minimus, both in relation to operator revenues and to the utility rate-payers to whom the incremental costs would ultimately be allocated. PHMSA's Regulatory Flexibility Analysis, which reached this determination, is available in the docket for this rulemaking. Accordingly, the head of the agency certifies under Section 605(b) of the RFA that this final rule will not have a significant economic impact on a substantial number of small entities because the additional costs are minimal. E. Unfunded Mandates Reform Act of 1995 This final rule does not impose unfunded mandates under the Unfunded Mandates Reform Act of 1995. It would not result in costs of $147.6 million, adjusted for inflation, or more in any one year to State, local, or tribal governments, in the aggregate, or to the private sector, and is the least burdensome alternative that achieves the objective of the final rule. Installation of EFVs and curb valves significantly protects the safety of the public and is technically and economically feasible. F. National Environmental Policy Act PHMSA analyzed this final rule in accordance with section 102(2)(c) of the National Environmental Policy Act (42 U.S.C. 4332), the Council on Environmental Quality regulations (40 CFR parts 1500-1508), and DOT Order 5610.1C, and has determined that this action will not significantly affect the quality of the human environment. An environmental assessment of this final rule, which explains this determination, is available in the docket. G. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments This final rule has been analyzed in accordance with the principles and criteria contained in Executive Order 13175 (``Consultation and Coordination with Indian Tribal Governments''). Because this rule does not have tribal implications and does not impose substantial direct compliance costs on Indian tribal governments, the funding and consultation requirements of Executive Order 13175 do not apply. H. Executive Order 13211: Energy Supply, Distribution, or Use This final rule is not a ``significant energy action'' under Executive Order 13211 (Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use). It is not likely to have a significant adverse effect on supply, distribution, or energy use. Further, the Office of Information and Regulatory Affairs has not designated this final rule as a significant energy action. I. Paperwork Reduction Act Pursuant to 5 CFR 1320.8(d), PHMSA is required to provide interested members of the public and affected agencies with an opportunity to comment on information collection and recordkeeping requests. As a result of the requirements of this rulemaking, the following information collection impacts are expected: Gas Distribution Annual Report Revision PHMSA is revising Sec. 192.383 to require the installation of EFVs on applications beyond SFRs that are currently required. Further, PHMSA is adding Sec. 192.385, which would require the installation of manual service line shut-off valves. As a result, PHMSA wants to track the number of new installations related to these provisions on an annual basis. This will change the Gas Distribution Annual Report, which is contained in the currently approved information collection, titled ``Annual Reports for Gas Distribution Operators,'' identified under OMB Control Number 2137-0629. PHMSA is revising the Gas Distribution Annual Report to collect the number of EFVs installed on multifamily dwellings and small commercial businesses and the number of manual service line shut-off valves installed. Currently, operators are required to submit the total number of EFVs installed on SFRs and the total number of EFVs within their systems. Therefore, PHMSA does not expect operators to experience an increase in burden beyond that already incurred for the Gas Distribution Annual Report. PHMSA has submitted an information collection revision request to OIRA to cover the components of this data collection. The request is under review and pending approval. PHMSA will publish a subsequent notice in the Federal Register upon the approval of this collection. Customer Notification Section 192.383 of this final rule will require operators to notify customers of their right to request the installation of EFVs. Operators have multiple options for fulfilling this requirement, including adding a short statement to customer bills, incorporating a public awareness message on the company Web site, incorporating the notification on bill stuffers or in new customer packets, and posting a notice in a prominent location (for master-meter/small LPG operators). PHMSA estimates that approximately half of the 6,237 operators categorized as either master-meter operators or small LPG systems will be impacted, resulting in 3,119 affected operators. This estimate is based on the premise that only half of these operators have systems that can accommodate an EFV. PHMSA also estimates that 1,329 gas distribution operators will be impacted. Therefore, PHMSA estimates a total impacted community of 4,448 (3,119 master-meter/small LPG operators and 1,329 gas distribution operators). PHMSA estimates that each impacted operator will take approximately 1 hour per year to create and complete this notification. PHMSA expects a vast majority of notifications to be made electronically, and, as such, expects the recordkeeping of these documents to be automatic and self-executing upon saving such documents. Consequently, PHMSA expects there to be no additional burden to the operator for saving the notifications for recordkeeping purposes. PHMSA estimates the total annual cost of this provision at $280,713 per year (4,448 operators * 1 hour/operator * $63.11/hour \9\). PHMSA has submitted a new information collection request to OIRA to cover the components of this data collection. The request is under review and pending approval. PHMSA will publish a subsequent notice in the Federal Register upon the approval of this collection. --------------------------------------------------------------------------- \9\ Bureau of Labor Statistics, Occupational Employment Statistics, May 2015. Occupation code 13-041, industry code 221200. http://www.bls.gov/oes/current/oes131041.htm. --------------------------------------------------------------------------- As a result of the changes listed above, PHMSA is submitting an [[Page 71001]] information collection revision request as well as a new information collection request to OMB for approval based on the requirements in this final rule. These information collections are contained in the pipeline safety regulations, 49 CFR parts 190-199. The following information is provided for these information collections: (1) Title of the information collection; (2) OMB control number; (3) Current expiration date; (4) Type of request; (5) Abstract of the information collection activity including a description of the changes applicable to the rulemaking action; (6) Description of affected public; (7) Estimate of total annual reporting and recordkeeping burden; and (8) Frequency of collection. The information collection burden for the --------------------------------------------------------------------------- following information collection is requested as follows: 1. Title: Annual Reports for Gas Distribution Operators. OMB Control Number: 2137-0629. Current Expiration Date: May 31, 2018. Type of Request: Revision. Abstract: This information covers the collection of annual report data for gas distribution pipeline operators. This information collection will only be revised to reflect the amendment to the Gas Distribution Annual Report, which will allow operators to submit the number of EFVs that are installed in multifamily dwellings and small commercial businesses and the number of manual service line shut-off valves installed. PHMSA does not expect this revision to result in a burden-hour increase. Affected Public: Gas Pipeline Operators. Annual Reporting and Recordkeeping Burden: Total Annual Responses: 1,446. Total Annual Burden Hours: 23,136. Frequency of Collection: On occasion. 2. Title: Customer Notifications for Installation of Excess Flow Valves. OMB Control Number: TBD. Current Expiration Date: Not Applicable. Type of Request: New Information Collection. Abstract: This new information collection will cover the reporting and recordkeeping requirements for gas pipeline operators associated with the requirement of operators to notify customers of their right to request the installation of excess flow valves. Affected Public: Gas Pipeline Operators. Annual Reporting and Recordkeeping Burden: Total Annual Responses: 4,448 responses. Total Annual Burden Hours: 4,448 hours. Frequency of Collection: On occasion. Requests for a copy of this information collection should be directed to Angela Dow, Office of Pipeline Safety (PHP-30), Pipeline and Hazardous Materials Safety Administration (PHMSA), 2nd Floor, 1200 New Jersey Avenue SE., Washington, DC 20590-0001, Telephone 202-366- 4595. J. Privacy Act Statement In accordance with 5 U.S.C. 553(c), DOT solicits comments from the public to better inform its rulemaking process. DOT posts these comments, without edit, including any personal information the commenter provides, to www.regulations.gov, as described in the system of records notice (DOT/ALL-14 FDMS), which can be reviewed at www.dot.gov/privacy. K. Regulation Identifier Number A regulation identifier number (RIN) is assigned to each regulatory action listed in the Unified Agenda of Federal Regulations. The Regulatory Information Service Center publishes the Unified Agenda in April and October of each year. The RIN contained in the heading of this document may be used to cross-reference this action with the Unified Agenda. List of Subjects in 49 CFR Part 192 Excess flow valve installation, Excess flow valve performance standards, Pipeline safety, Service lines. In consideration of the foregoing, PHMSA is amending 49 CFR part 192 as follows: PART 192--TRANSPORTATION OF NATURAL AND OTHER GAS BY PIPELINE: MINIMUM FEDERAL SAFETY STANDARDS 0 1. The authority citation for part 192 continues to read as follows: Authority: 49 U.S.C. 5103, 60102, 60104, 60108, 60109, 60110, 60113, 60116, 60118, 60137, and 49 CFR 1.97. 0 2. In Sec. 192.381, paragraph (a) introductory text is revised to read as follows: Sec. 192.381 Service lines: Excess flow valve performance standards. (a) Excess flow valves (EFVs) to be used on service lines that operate continuously throughout the year at a pressure not less than 10 p.s.i. (69 kPa) gage must be manufactured and tested by the manufacturer according to an industry specification, or the manufacturer's written specification, to ensure that each valve will: * * * * * 0 3. Section 192.383 is revised to read as follows: Sec. 192.383 Excess flow valve installation. (a) Definitions. As used in this section: Branched service line means a gas service line that begins at the existing service line or is installed concurrently with the primary service line but serves a separate residence. Replaced service line means a gas service line where the fitting that connects the service line to the main is replaced or the piping connected to this fitting is replaced. Service line serving single-family residence means a gas service line that begins at the fitting that connects the service line to the main and serves only one single-family residence (SFR). (b) Installation required. An EFV installation must comply with the performance standards in Sec. 192.381. After April 17, 2016, each operator must install an EFV on any new or replaced service line serving the following types of services before the line is activated: (1) A single service line to one SFR; (2) A branched service line to a SFR installed concurrently with the primary SFR service line (i.e., a single EFV may be installed to protect both service lines); (3) A branched service line to a SFR installed off a previously installed SFR service line that does not contain an EFV; (4) Multifamily residences with known customer loads not exceeding 1,000 SCFH per service, at time of service installation based on installed meter capacity, and (5) A single, small commercial customer served by a single service line with a known customer load not exceeding 1,000 SCFH, at the time of meter installation, based on installed meter capacity. (c) Exceptions to excess flow valve installation requirement. An operator need not install an excess flow valve if one or more of the following conditions are present: (1) The service line does not operate at a pressure of 10 psig or greater throughout the year; (2) The operator has prior experience with contaminants in the gas stream that could interfere with the EFV's operation or cause loss of service to a customer; (3) An EFV could interfere with necessary operation or maintenance activities, such as blowing liquids from the line; or [[Page 71002]] (4) An EFV meeting the performance standards in Sec. 192.381 is not commercially available to the operator. (d) Customer's right to request an EFV. Existing service line customers who desire an EFV on service lines not exceeding 1,000 SCFH and who do not qualify for one of the exceptions in paragraph (c) of this section may request an EFV to be installed on their service lines. If an eligible service line customer requests an EFV installation, an operator must install the EFV at a mutually agreeable date. The operator's rate-setter determines how and to whom the costs of the requested EFVs are distributed. (e) Operator notification of customers concerning EFV installation. Operators must notify customers of their right to request an EFV in the following manner: (1) Except as specified in paragraphs (c) and (e)(5) of this section, each operator must provide written or electronic notification to customers of their right to request the installation of an EFV. Electronic notification can include emails, Web site postings, and e- billing notices. (2) The notification must include an explanation for the service line customer of the potential safety benefits that may be derived from installing an EFV. The explanation must include information that an EFV is designed to shut off the flow of natural gas automatically if the service line breaks. (3) The notification must include a description of EFV installation and replacement costs. The notice must alert the customer that the costs for maintaining and replacing an EFV may later be incurred, and what those costs will be to the extent known. (4) The notification must indicate that if a service line customer requests installation of an EFV and the load does not exceed 1,000 SCFH and the conditions of paragraph (c) are not present, the operator must install an EFV at a mutually agreeable date. (5) Operators of master-meter systems and liquefied petroleum gas (LPG) operators with fewer than 100 customers may continuously post a general notification in a prominent location frequented by customers. (f) Operator evidence of customer notification. An operator must make a copy of the notice or notices currently in use available during PHMSA inspections or State inspections conducted under a pipeline safety program certified or approved by PHMSA under 49 U.S.C. 60105 or 60106. (g) Reporting. Except for operators of master-meter systems and LPG operators with fewer than 100 customers, each operator must report the EFV measures detailed in the annual report required by Sec. 191.11. 0 4. Section 192.385 is added to subpart H to read as follows: Sec. 192.385 Manual service line shut-off valve installation. (a) Definitions. As used in this section: Manual service line shut-off valve means a curb valve or other manually operated valve located near the service line that is safely accessible to operator personnel or other personnel authorized by the operator to manually shut off gas flow to the service line, if needed. (b) Installation requirement. The operator must install either a manual service line shut-off valve or, if possible, based on sound engineering analysis and availability, an EFV for any new or replaced service line with installed meter capacity exceeding 1,000 SCFH. (c) Accessibility and maintenance. Manual service line shut-off valves for any new or replaced service line must be installed in such a way as to allow accessibility during emergencies. Manual service shut- off valves installed under this section are subject to regular scheduled maintenance, as documented by the operator and consistent with the valve manufacturer's specification. Issued in Washington, DC, on October 7, 2016, under authority delegated in 49 CFR Part 1.97. Marie Therese Dominguez, Administrator. [FR Doc. 2016-24817 Filed 10-13-16; 8:45 am] BILLING CODE 4910-60-P
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agent for service, or an organization’s providing a basis for the emergency lines that are not being newly installed
president constitutes service upon that order continues to exist. or replaced. PHMSA has left the
person. (k) Time. In computing any period of question of who bears the cost of
(g) Report and recommendation. The time prescribed by this part or by an installing EFVs on service lines not
Administrative Law Judge must issue a order issued by the Administrative Law being newly installed or replaced to the
report and recommendation at the close Judge, the day of filing of the petition operator’s rate-setter.
of the record. The report and for review or of any other act, event, or DATES: This final rule is effective April
recommendation must: default from which the designated 14, 2017.
(1) Contain findings of fact and period of time begins to run will not be FOR FURTHER INFORMATION CONTACT:
conclusions of law and the grounds for included. The last day of the period so Technical questions: Vincent
the decision based on the material computed will be included, unless it is Holohan, General Engineer, by
issues of fact or law presented on the a Saturday, Sunday, or Federal holiday, telephone at 202–366–1933 or by
record; in which event the period runs until the electronic mail at vincent.holohan@
(2) Be served on the parties to the end of the next day which is not one of dot.gov.
proceeding; and the aforementioned days. General information: Robert Jagger,
(3) Be issued no later than 25 days Issued in Washington, DC, on October 6, Technical Writer, by telephone at 202–
after receipt of the petition for review by 2016, under authority delegated in 49 CFR 366–4361 or by electronic mail at
the Associate Administrator of Pipeline 1.97. robert.jagger@dot.gov.
Safety. Marie Therese Dominguez, SUPPLEMENTARY INFORMATION:
(h) Petition for reconsideration. (1) A Administrator.
party aggrieved by the Administrative I. Executive Summary
[FR Doc. 2016–24788 Filed 10–13–16; 8:45 am]
Law Judge’s report and BILLING CODE 4910–60–P A. Purpose of the Regulatory Action
recommendation, may file a petition for EFVs can reduce the risk of
reconsideration with the Associate explosions in natural gas distribution
Administrator of Pipeline Safety within DEPARTMENT OF TRANSPORTATION pipelines by shutting off unplanned,
one day of service of the report and excessive gas flows. These events are
recommendation. The opposing party Pipeline and Hazardous Materials primarily the result of excavation
may file a response to the petition for Safety Administration damage to service lines that occurs
reconsideration within one day of between the gas main and the
service of a petition for reconsideration. 49 CFR Part 192 customer’s building. Based on the
(2) The Associate Administrator of [Docket No. PHMSA–2011–0009; Amdt. No comments to this rulemaking, PHMSA
Pipeline Safety must issue a final 192–121] experience, and various studies,
agency decision within three days of PHMSA has determined that the safety
service of the final pleading outlined in RIN 2137–AE71
benefits of expanding the use of EFVs to
paragraph (h)(1) of this section, but no new or entirely replaced distribution
later than 30 days after receipt of the Pipeline Safety: Expanding the Use of
Excess Flow Valves in Gas Distribution branch services (gas service lines that
original petition for review. begin at an existing service line or that
Systems to Applications Other Than
(3) The Associate Administrator of are installed concurrently with primary
Single-Family Residences
Pipeline Safety’s decision on the merits service lines but serve separate
of a petition for reconsideration AGENCY: Pipeline and Hazardous residences), multifamily facilities, and
constitutes the agency’s final decision. Materials Safety Administration small commercial facilities is
(i) Judicial review. After the issuance (PHMSA), DOT. appropriate from a technical,
of a final agency decision pursuant to ACTION: Final rule. economical, and operational feasibility
paragraph (c)(2) or (h)(3) of this section, standpoint.
or the issuance of a written SUMMARY: Excess flow valves (EFV),
determination by the Administrator which are safety devices installed on B. Summary of the Major Provisions of
pursuant to paragraph (j) of this section, natural gas distribution pipelines to the Regulatory Action
a person subject to, and aggrieved by, an reduce the risk of accidents, are Pursuant to Section 22 of the Pipeline
emergency order issued under section currently required for new or replaced Safety, Regulatory Certainty, and Job
190.236 may seek judicial review of the gas service lines servicing single-family Creation Act of 2011, this final rule
order in the appropriate District Court of residences (SFR), as that phrase is amends the Federal pipeline safety
the United States. The filing of an action defined in 49 CFR 192.383(a). This final regulations by adding four new
seeking judicial review does not stay or rule makes changes to part 192 to categories of service for which EFV
modify the force and effect of the expand this requirement to include new installation will be required. These four
agency’s final decision under paragraph or replaced branched service lines new categories are for new and entirely
(c)(2) or (h)(3) of this section, or the servicing SFRs, multifamily residences, replaced services. The existing EFV
written determination under paragraph and small commercial entities installation requirement for SFRs served
(j) of this section, unless stayed or consuming gas volumes not exceeding by a single service line remains
modified by the Administrator. 1,000 Standard Cubic Feet per Hour unchanged. The new categories of
(j) Expiration of order. If the Associate (SCFH). PHMSA is also amending part service are as follows:
Administrator of Pipeline Safety, or the 192 to require the use of either manual • Branched service lines to a SFR
Administrative Law Judge, where service line shut-off valves (e.g., curb installed concurrently with the primary
ehiers on DSK5VPTVN1PROD with RULES
appropriate, has not disposed of the valves) or EFVs, if appropriate, for new SFR service line (a single EFV may be
petition for review within 30 days of or replaced service lines with meter installed to protect both lines);
receipt, the emergency order will cease capacities exceeding 1,000 SCFH. • Branched service lines to a SFR
to be effective unless the Administrator Lastly, this final rule requires operators installed off a previously installed SFR
issuing the emergency order determines, to notify customers of their right to service line that does not contain an
in writing, that the imminent hazard request installation of an EFV on service EFV;
VerDate Sep<11>2014 13:00 Oct 13, 2016 Jkt 241001 PO 00000 Frm 00065 Fmt 4700 Sfmt 4700 E:\FR\FM\14OCR1.SGM 14OCR1](https://thefederalregister.org/doc/81_FR_71186/page/1.svg)
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• Multifamily installations, including street and residential meter. If there is report recommended that ‘‘[A]s part of
duplexes, triplexes, fourplexes, and a significant increase in the flow of gas its distribution integrity management
other small multifamily buildings (e.g., (e.g., due to a damaged line), the EFV plan, an operator should consider the
apartments, condominiums) with will ‘‘trip’’ or close to minimize the flow mitigative value of EFVs. EFVs meeting
known customer loads at time of service of gas through the line and thus, the performance criteria in § 192.381 and
installation, based on installed meter amount of gas escaping into the installed in accordance with § 192.383
capacity, up to 1,000 SCFH per service; 1 atmosphere. During normal use, the may reduce the need for other
and valve is kept pushed open against mitigation options.’’
• A single, small commercial oncoming gas flow by a spring. EFVs are In an effort to study the possible
customer served by a single service line, designed so that general usage, such as benefits of expanding EFVs beyond SFR
with a known customer load at time of turning on appliances, will not shut the applications, PHMSA began
service installation, based on installed valve. However, during a significant development of an Interim Evaluation in
meter capacity, of up to 1,000 SCFH per increase in the flow of gas (e.g., due to early 2009. In June and August of that
service. a damaged line), the spring cannot year, PHMSA held public meetings on
Operators will be required to give all overcome the force of gas, and the valve NTSB Recommendation P–01–2 with
customers notice of the option to will close and stay closed until the participants from the following major
request an EFV installation, except correct pressure is restored. When the stakeholder groups: the National
where such installation is not required correct pressure is restored, the EFV Association of Regulatory Utility
under § 192.383(c) (i.e., where the automatically resets itself. Commissioners, the National
service line does not operate at a Curb valves are installed below grade Association of Pipeline Safety
pressure of 10 psig or greater through in a service line at or near the property Representatives, the International
the year, the operator has experienced line with a protective curb box or Association of Fire Chiefs, the National
contaminants in the gas stream that standpipe for quick subsurface access Association of State Fire Marshals,
could interfere with EFV operation, an and are operated by use of a removable natural gas distribution operators, trade
EFV could interfere with operation and key or specialized wrench. associations, manufacturers, and the
maintenance activities, or an EFV Pipeline Safety Trust.
meeting performance standards in B. The South Riding, VA, Incident
On December 4, 2009, PHMSA
§ 192.381 is not available). On July 7, 1998, in South Riding, VA, amended the pipeline safety regulations
Finally, this final rule also amends an explosion stemming from a to require the use of EFVs for new or
the Federal pipeline safety regulations residential service line resulted in one replaced gas lines servicing SFRs.3
by requiring curb valves, or EFVs, if death and three injuries. It is not known While this requirement met the mandate
appropriate, for applications operating if the explosion occurred on a branched of the Pipeline Inspection, Protection,
above 1,000 SCFH. or non-branched service line, but Enforcement, and Safety Act enacted in
C. Costs and Benefits PHMSA believes that this final rule or 2006, other distribution lines, including
PHMSA’s previous rule requiring EFVs those that served branched SFRs,
PHMSA estimates a total impacted on single lines serving SFRs 1 would, at
community of 4,448 operators for this apartment buildings, other multi-
a minimum, have mitigated the residential dwellings, commercial
rule (3,119 master meter/small LPG consequences of the explosion.
operators who will need to comply with properties, and industrial service lines,
An investigation by the National were still not required to use EFVs.
notification requirements and 1,329 Transportation Safety Board (NTSB)
natural gas distribution operators who These structures are susceptible to the
found the explosion likely would not same risks as SFR service lines.
will need to install valves and comply have occurred if an EFV had been
with notification requirements) and PHMSA, already aware of this risk,
installed on the service line leading to issued a report in 2010 titled: ‘‘Interim
222,114 service lines per year on this single-family home. As a result of
average. It is expected to generate safety Evaluation: NTSB Recommendation P–
its investigation, on June 22, 2001, the 01–2 Excess Flow Valves in
benefits in the form of reduced fatalities, NTSB issued Safety Recommendation
injuries, lost product, and other Applications Other Than Service Lines
P–01–2, recommending that PHMSA Serving One SFR’’ (Interim Evaluation),4
property damage from certain types of ‘‘require that EFVs be installed in all
preventable incidents in gas distribution which studied the possible expansion of
new and renewed gas service lines,
pipelines. The overall benefits over a EFVs beyond SFRs and the challenges
regardless of a customer’s classification
50-year period were estimated at the involved with such expansion. The
(i.e., not just lines serving single-family
annual equivalent of $5.5 million per Interim Evaluation also addressed other
residences), when the operating
year versus $10.6 million in compliance conditions are compatible with readily 3 ‘‘Pipeline Safety: Integrity Management
costs when calculated using a 7 percent available valves.’’ Programs for Gas Distribution Pipelines,’’ December
discount rate. When using a 3 percent 4, 2009, (74 FR 63906) RIN 2137–AE15.
discount rate, the total benefits of the C. PHMSA’s EFV Studies and 4 The purpose of the Interim Evaluation was to
rule were estimated at $10.5 million Evaluation Report respond to NTSB Safety Recommendation P–01–02
and evaluate the possibility of expansion of EFVs
while the costs were estimated at $12.0 In December 2005, a multi- to applications other than service lines serving one
million. stakeholder group convened by PHMSA single-family residence (above 10 psig). The report
published a report titled: ‘‘Integrity also built a foundation for an economic analysis,
II. Background considered the need for enhanced technical
Management for Gas Distribution:
A. Excess Flow Valves and Curb Valves standards or guidelines, and suggested that any new
Report of Phase I Investigations.’’ 2 The technical standards include criteria for pressure
ehiers on DSK5VPTVN1PROD with RULES
An EFV is a mechanical safety device drops across the EFV. The Interim Evaluation can
1 ‘‘Pipeline Safety: Integrity Management
installed inside a natural gas be found at the following link: http://
Programs for Gas Distribution Pipelines,’’ 74 FR www.regulations.gov/contentStreamer?
distribution service line between the 63906 (December 4, 2009), RIN 2137–AE15. documentId=PHMSA-2011-0009-0002&
2 http://www.regulations.gov/ attachmentNumber=1&disposition=attachment&
1 The average single-family home uses about 200 contentStreamer?documentId=PHMSA-RSPA-2004- contentType=pdf. The Interim Evaluation was
standard cubic feet of gas per day and individual 19854-0070&attachmentNumber=1&disposition= finalized in 2015 based on comments to the Interim
apartment units use even less. attachment&contentType=pdf Report.
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![Federal Register / Vol. 81, No. 199 / Friday, October 14, 2016 / Rules and Regulations 70989
practical alternatives, such as the use of regulatory changes to propose in the regulated industry, and the public. The
manual isolation devices (e.g., curb Notice of Proposed Rulemaking GPAC advises PHMSA on the technical
valves) to quickly cut off the (NPRM). feasibility, practicability, and cost-
uncontrolled flow of gas in an effectiveness of each proposed natural
E. Pipeline Safety, Regulatory Certainty,
emergency. The Interim Evaluation also gas pipeline safety standard.
and Job Creation Act of 2011 On December 17, 2015, the GPAC met
identified challenges related to the
feasibility and practicality of the In January of 2012, President Obama via a teleconference facilitated by
proposed solutions, as well as signed the Pipeline Safety, Regulatory PHMSA at PHMSA’s headquarters in
significant cost and benefit factors. The Certainty, and Job Creation Act of 2011, Washington, DC. During the meeting,
report found that there were no other which required PHMSA to study the the GPAC considered the specific
devices or viable options to shut off gas possibility of expanding the use of EFVs regulatory proposals set forth in the
supply quickly when gas service lines beyond SFRs and issue a final report to NPRM and discussed the various
ruptured. Congress on the evaluation of the comments and edits to the NPRM
The Evaluation 5 was finalized in NTSB’s recommendation on EFVs proposed by the pipeline industry and
2015, based on comments to the Interim within 2 years after enactment of the the public. The GPAC, in a unanimous
Evaluation, input from the meetings, Act. PHMSA was also required to issue 8–0 vote, found the NPRM, as published
and comments to the Advance Notice of regulations, if appropriate, requiring the in the Federal Register, and the Draft
Proposed Rulemaking (ANPRM) use of EFVs or equivalent technology for Regulatory Evaluation to be technically
discussed below. Both reports can be new or entirely replaced gas distribution feasible, reasonable, cost-effective, and
found in Docket PHMSA–2011–0009. branch services, multifamily facilities, practicable, if (1) changes were made
and small commercial facilities if relative to § 192.385 paragraphs (a) and
D. Advance Notice of Proposed economically, technically and (c), as amended during the meeting; and
Rulemaking operationally feasible. (2) PHMSA incorporated the preamble
PHMSA published an ANPRM for gas language regarding documentation of
F. Notice of Proposed Rulemaking customer notification in § 192.383(f).
pipelines on November 25, 2011 (76 FR
72666), asking the public to comment PHMSA published an NPRM (80 FR The GPAC recommended that
on the findings of the Interim 41460) on July 15, 2015, asking the PHMSA adopt the following changes:
Evaluation and issues relating to the public to comment on the findings of • Curb Valve Accessibility for First
expanded use of EFVs in gas the finalized Evaluation and PHMSA’s Responders: PHMSA’s proposal in the
distribution systems. PHMSA also proposals relating to the expanded use NPRM stated that manual service line
sought comments from gas distribution of EFVs in gas distribution systems. shut-off valves are ‘‘a curb valve or other
operators on their experiences using PHMSA proposed a rule that would: manually operated valve located near
EFVs, including: • Expand the EFV requirement to the service main or a common source of
• Technical challenges of installing include new or replaced branched supply that is accessible to first
service lines servicing SFRs, responders and operator personnel
EFVs on services other than SFRs;
multifamily residences, and small [. . .] in the event of an emergency.’’
• Categories of service to be
commercial entities consuming gas The GPAC recommended that the final
considered for expanded EFV use;
volumes not exceeding 1,000 SCFH; rule remove language requiring
• Cost factors;
• Data analysis in the Interim • Require the use of manual service proposed manual service line shut-off
line shut-off valves (e.g., curb valves) for valves be accessible to ‘‘first responders
Evaluation;
new or replaced service lines with meter and operator personnel.’’ Instead, the
• Technical standards for EFV
capacities exceeding 1,000 SCFH; GPAC suggested that the rule require
devices; and
• Require operators to notify such valves be ‘‘accessible to operator
• Potential safety and societal
customers of their right to request personnel or other personnel authorized
benefits, small-business and by the operator.’’ Several members of
installation of an EFV on existing
environmental impacts, and the costs of the GPAC shared the concerns of
service lines; and
modifying the existing regulatory
• Leave the question of who bears the industry commenters that first
requirements. responders would attempt to operate
cost of installing EFVs on service lines
PHMSA reviewed all of the comments these manual service line shut-off valves
not being newly installed or replaced to
received in response to the ANPRM. without operator consent or
the operator, customer, and the
The comments received from the trade authorization, which might lead to
appropriate State regulatory agency.
associations largely supported expanded further or otherwise unforeseen
EFV use, with certain limitations. III. Gas Pipeline Advisory Committee consequences, including service
Individual operators raised concerns The Technical Pipeline Safety outages. By allowing such valves to be
about expanded EFV use that were Standards Committee (otherwise used by ‘‘other personnel authorized by
generally related to logistics and commonly referred to as the Gas the operator,’’ operators could have
implementation. Comments from Pipeline Advisory Committee (GPAC)) discretion to ensure that people familiar
municipalities reflected a concern that is a statutorily mandated advisory with the gas distribution systems in
State laws that were already in place committee that advises PHMSA on question be qualified and authorized to
could conflict with new Federal proposed safety standards, risk operate manual service line shut-off
requirements. The NTSB expressed assessments, and safety policies for valves, which might include properly
strong support for increased EFV use. natural gas pipelines. The GPAC was trained emergency responders.
The ANPRM comments collectively established under the Federal Advisory • Curb Valve Maintenance: PHMSA’s
ehiers on DSK5VPTVN1PROD with RULES
helped PHMSA finalize the Interim Committee Act (Pub. L. 92–463, 5 U.S.C. proposal in the NPRM defined a manual
Evaluation and determine what App. 1–16) and the Federal Pipeline service line shut-off valve as ‘‘a curb
5 http://www.regulations.gov/contentStreamer?
Safety Statutes (49 U.S.C. Chap. 601). valve or other manually operated valve
documentId=PHMSA-2011-0009-0027&attachment
The committee consists of 15 members, located near the service main or a
Number=1&disposition=attachment& with membership equally divided common source of supply that is
contentType=pdf. among Federal and State agencies, the accessible to first responders and
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![70990 Federal Register / Vol. 81, No. 199 / Friday, October 14, 2016 / Rules and Regulations
operator personnel to manually shut off in response to the NPRM as well as the new and replacement service lines
gas flow to the service line in the event individual docket number for each supplying SFRs, per the final rule titled
of an emergency.’’ Several commenters comment. All comments and ‘‘Integrity Management Programs for Gas
noted that this definition could cause corresponding rulemaking materials Distribution Pipelines,’’ issued on
confusion and the potential received may be viewed on the December 4, 2009. In the NPRM,
misinterpretation that these curb valves www.regulations.gov Web site under PHMSA proposed adding four new
would be subject to the maintenance docket ID PHMSA–2011–0009. categories of service for which EFV
requirements at § 192.747, which states The majority of the comments installation will be required on new and
that ‘‘each valve, the use of which may specifically supported expanding EFV entirely replaced gas distribution
be necessary for the safe operation of a installation requirements. Major services. These four new categories are
distribution system, must be checked concerns included whether first as follows:
and serviced at intervals not exceeding responders should have access to curb • Branched service lines to an SFR
15 months but at least once each valves, whether curb valves required installed concurrently with the primary
calendar year.’’ The GPAC inspection and maintenance, and what SFR service line (a single EFV may be
recommended that manual service line methods were being proposed for installed to protect both lines);
shut-off valves installed under section customer notification and • Branched service lines to an SFR
§ 192.385 be subject to regular, but less documentation. Minor concerns installed off a previously installed SFR
prescriptive, scheduled maintenance, as included EFV installation, the effective service line that does not contain an
documented by the operator and date of the rule, and exceptions to EFV EFV;
consistent with the valve manufacturer’s installation and notification. The • Multifamily installations, including
specification. substantive comments received on the duplexes, triplexes, fourplexes, and
• Documentation of Customer proposed regulations are organized by other small multifamily buildings (e.g.,
Notification: PHMSA’s proposal in the topic and are discussed in the apartments, condominiums) with
NPRM stated operators ‘‘must provide appropriate sections below, along with known customer loads at time of service
written notification to the customer of PHMSA’s responses. installation, based on installed meter
their right to request the installation of capacity, up to 1,000 SCFH per service;
an EFV,’’ and that ‘‘each operator must Pipeline Operators (5)
and
maintain a copy of the customer EFV • New Mexico Gas Company (NMG) • A single, small commercial
notice for three years.’’ Several PHMSA–2011–0009–0032 customer, served by a single service
commenters noted that the term • Southwest Gas Corporation (SWG) line, with known customer load at time
‘‘written’’ seemed to exclude forms of PHMSA–2011–0009–0044 of service installation, based on
electronic notification, and they also • NiSource (NS) PHMSA–2011– installed meter capacity, up to 1,000
noted that documenting individual 0009–0042 SCFH per service.
notifications would be a costly, overly • Sierra Pacific Power Company Comments: The majority of the
burdensome task. The GPAC (SPPC) PHMSA–2011–0009–0041 commenters from trade associations,
recommended that PHMSA incorporate • MidAmerican Energy Company industry, citizen groups, and
language from the NPRM preamble (MAE) PHMSA–2011–0009–0034
indicating broader options for government entities explicitly
stakeholder communication, including Trade Associations (5) supported the expanded use of EFVs in
statements printed on customer bills or • American Gas Association (AGA) all categories and recognized the
mailings or certain forms of electronic PHMSA–2011–0009–0037 benefits of their use. The NTSB was
communication, including Web site • National Propane Gas Association ‘‘pleased that PHMSA is now proposing
postings, would satisfy the customer (NPGA) PHMSA–2011–0009–0045 to expand the requirements for
notification requirement, and that • Gas Piping Technology Committee installing EFVs’’ and understood ‘‘that
operators could keep a single copy of a (GPTC) PHMSA–2011–0009–0036 the expanded coverage is based on a
particular method of communication for • American Public Gas Association comprehensive examination of the
purposes of fulfilling the documentation (APGA) PHMSA–2011–0009–0024 practical operating limits of EFVs and
requirement. • Northeast Gas Association (NGA) comments on the ANPRM.’’ The NTSB
This final rule adopts all three PHMSA–2011–0009–0039 stated that it ‘‘supports the measures
recommendations of the GPAC. proposed in the NPRM and believes that
Additional discussion of the Government/Municipalities (1) they will improve the safety of natural
amendments and associated comments • National Transportation Safety gas distribution pipeline systems.’’ The
of the GPAC are provided below as a Board (NTSB) PHMSA–2011–0009– PST noted the publication ‘‘fulfill[s] the
part of the comment discussion. 0035 NTSB’s recommendation from 2001 to
its full scope,’’ and they ‘‘join[ed] with
IV. Comment Summary and Discussion Public Citizen Groups (1) the NTSB in supporting this proposed
In the NPRM published July 15, 2015, • Pipeline Safety Trust (PST) expansion.’’
PHMSA solicited public comment on PHMSA–2011–0009–0040 Industry trade associations, such as
whether the proposed amendments the AGA, which represents more than
would enhance the safety of natural gas A. Expansion of EFVs to Multifamily 200 local energy companies throughout
distribution systems, as well as the cost Residences, Branch Service Lines, and the United States and provides gas to 94
and benefit figures associated with these Small Commercial Buildings percent of U.S. customers, stated in
proposals. PHMSA received 12 Proposal: EFVs can reduce the risks of their comments that they and ‘‘their
ehiers on DSK5VPTVN1PROD with RULES
comments from a broad array of explosions by shutting off unplanned, member utilities completely support
stakeholders, including trade excessive gas flows, primarily from expanding EFV installation to
organizations, pipeline operators, a excavation damage to service lines multifamily residential service lines and
government agency, and a public citizen between gas mains and buildings. Gas small commercial services.’’ The APGA,
safety watchdog group. Below is a list of distribution pipeline operators are the national, non-profit association of
organizations that submitted comments currently required to install EFVs in publicly owned natural gas distribution
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![Federal Register / Vol. 81, No. 199 / Friday, October 14, 2016 / Rules and Regulations 70991
systems with over 700 members serving equipment that might accidentally close operate it, the valve can be closed to
37 States, also supported the expansion and interfere with normal service, mitigate further consequences.
of EFVs, stating that ‘‘EFVs are the one interfere with maintenance activities, or Comments: The NTSB was pleased to
tool that distribution operators can use be difficult to size and use at varying note that PHMSA’s proposal to require
to reduce the risk posed when natural line pressures. Further, in the Pipeline that operators ‘‘install a manual service
gas service lines are ruptured by Inspection, Protection, Enforcement, line shut-off valve on new or replaced
excavation.’’ The APGA also noted that and Safety Act of 2006, Congress service lines in such a manner that
‘‘in written comments submitted in provided PHMSA with a mandate to emergency personnel can access the
response to PHMSA’s ANPRM focus its resources on requiring EFV valve [. . .] goes beyond the original
published November 25, 2011, APGA installation on service lines serving intent of [the NTSB’s] recommendation,
and other commenters suggested EFV single-family residences as part of to further ensure safety.’’ The PST
installation requirements virtually PHMSA’s gas distribution integrity joined the NTSB in supporting this
identical to what PHMSA has management program (DIMP) measure.
proposed,’’ and ‘‘commend[ed] PHMSA rulemaking. Following the issuance of Several of the commenters
for adopting APGA’s recommendation.’’ the DIMP rulemaking and the EFV representing trade associations and
NMGC ‘‘commend[ed] and regulations in 2009, EFVs became more operators supported the use of curb
support[ed] expanding the use of excess technologically feasible and cost- valves where EFVs are not feasible but
flow valves to new and fully replaced effective to a point where it became a strongly opposed requiring that curb
branch services, small multifamily realistic possibility for PHMSA to valves always be accessible to first
facilities, and small commercial address fully the NTSB responders. These commenters
facilities where economically, recommendation. PHMSA performed generally indicated that it should be the
technically, and operationally feasible.’’ several studies and surveys to evaluate operator’s responsibility to operate these
SWG ‘‘support[ed] the practical and the feasibility of its position on high- select portions of gas distribution
reasonable expansion of EFVs to new volume EFVs and used its experience in systems and that it should be up to the
and fully replaced service lines beyond the prior EFV rulemaking to assist in operator’s discretion to allow other
single family residential applications,’’ formulating this proposal. PHMSA is personnel to operate these valves, if
in part ‘‘evident by its EFV installation pleased that there is now such needed. Certain operators noted the
policy and number of EFVs installed [on widespread support, both from industry ‘‘Pipeline Emergencies’’ training
its existing system].’’ Likewise, the NGA and public groups, for expanding the manual, a document developed by a
‘‘support[ed] PHMSA’s proposal to installation of EFVs beyond SFRs. team of respected emergency response
expand the use of excess flow valves in Accordingly, this final rule amends the and industry experts in partnership
gas distribution services for newly with the National Association of Fire
Federal Pipeline Safety Regulations by
constructed applications other than Marshals and PHMSA, states that
adding the proposed four new categories
single-family residences and when emergency responders should consult
of service to require EFV installation on
existing services are excavated or the local gas company to determine
branched service lines (both branched
replaced,’’ recognizing that ‘‘installing local procedures for fire department use
lines to SFRs installed concurrently
EFVs, under conditions where they are of curb valves. The AGA indicated there
with the primary SFR service line and
effective, when new services are are a few unique situations where
branched lines to SFRs installed off a
installed, or existing services are operators have properly trained first
previously installed SFR service lines
exposed, repaired or replaced, is a cost- responders to operate curb valves, but
not containing an EFV), lines serving
effective measure to improve pipeline such a practice is not followed by most
multifamily installations, and lines utilities. Certain industry operators,
safety.’’ The NGA also noted that it
serving small commercial and industrial including the SPPC, commented that
‘‘supported this proposal in its initial
customers. they specifically train first responders in
comments to the advanced notice of
proposed rulemaking related to this B. Curb Valve Accessibility to First their service territories, for safety
issue in 2012.’’ Responders reasons, not to manually shut off gas
PHMSA Response: PHMSA has been flows. If manual service line shut-off
attempting to address issues involving Proposal: In the NPRM, PHMSA valves are accessible to first responders,
the broad installation of EFVs since at proposed requiring operators to install first responders may operate the wrong
least 1990, and the NTSB has issued curb valves for applications that operate valve, may not have the proper
several recommendations to PHMSA above 1,000 SCFH, are not suitable for equipment to operate the valve, or may
and the regulated industry regarding the EFV installation, and do not meet the incorrectly operate the valve.
installation of EFVs on particular exemptions in the existing § 192.383. Operators and trade associations also
services as far back as the 1970s. NTSB Curb valves are the most feasible asserted that, given the complexity of
Recommendation P–01–2, which asks alternative to EFVs in locations that gas distribution systems, emergency
PHMSA to ‘‘require that excess flow exceed 1,000 SCFH or have other issues shut-off valves should only be operated
valves be installed in all new and that prevent EFV use. Although they by operator-qualified personnel who are
renewed gas service lines, regardless of cannot be operated instantaneously like familiar with the specific gas
a customer’s classification, when the EFVs, curb valves can still mitigate the distribution system in question. NS
operating conditions are compatible effects of gas line explosions and are an suggested that, as operators have
with readily available valves,’’ is one of effective safety measure. Therefore, engineering records indicating the
PHMSA’s oldest, unclosed NTSB PHMSA proposed that any curb valves location of all valves and which ones
recommendations. installed under this section be they control, operator personnel can
ehiers on DSK5VPTVN1PROD with RULES
Prior attempts to require the accessible to first responders. PHMSA’s verify the location and purpose of a
installation of EFVs on certain gas experience indicates that, frequently, valve, thereby eliminating the
distribution services were not supported first responders arrive at the scene of an possibility of operating the wrong one
by both industry and State pipeline incident before operator personnel do. If and creating a greater hazard.
safety partners; for years, EFVs were first responders have access to a curb The AGA noted there are many
perceived as unreliable, costly pieces of valve during an emergency and can accounts of first responders who,
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![71002 Federal Register / Vol. 81, No. 199 / Friday, October 14, 2016 / Rules and Regulations
(4) An EFV meeting the performance detailed in the annual report required regulations to ensure they are current
standards in § 192.381 is not by § 191.11. and consistent with the statutory
commercially available to the operator. ■ 4. Section 192.385 is added to subpart requirements. Adoption of these rules is
(d) Customer’s right to request an H to read as follows: a nondiscretionary, ministerial action
EFV. Existing service line customers that FMCSA may take without issuing a
who desire an EFV on service lines not § 192.385 Manual service line shut-off notice of proposed rulemaking and
exceeding 1,000 SCFH and who do not valve installation. receiving public comment, in
qualify for one of the exceptions in (a) Definitions. As used in this accordance with the good cause
paragraph (c) of this section may request section: exception available to Federal agencies
an EFV to be installed on their service Manual service line shut-off valve under the Administrative Procedure
lines. If an eligible service line customer means a curb valve or other manually Act.
requests an EFV installation, an operator operated valve located near the service DATES: This final rule is effective
must install the EFV at a mutually line that is safely accessible to operator October 14, 2016. Petitions for
agreeable date. The operator’s rate-setter personnel or other personnel authorized Reconsideration must be received by the
determines how and to whom the costs by the operator to manually shut off gas Agency no later than November 14,
of the requested EFVs are distributed. flow to the service line, if needed. 2016.
(e) Operator notification of customers (b) Installation requirement. The
concerning EFV installation. Operators operator must install either a manual FOR FURTHER INFORMATION CONTACT:
must notify customers of their right to service line shut-off valve or, if possible, Kathryn Sinniger, Federal Motor Carrier
request an EFV in the following manner: based on sound engineering analysis Safety Administration, 1200 New Jersey
(1) Except as specified in paragraphs and availability, an EFV for any new or Avenue SE., Washington, DC 20590; by
(c) and (e)(5) of this section, each replaced service line with installed telephone at (202) 493–0908, or by
operator must provide written or meter capacity exceeding 1,000 SCFH. electronic mail at kathryn.sinniger@
electronic notification to customers of (c) Accessibility and maintenance. dot.gov. If you have questions regarding
their right to request the installation of Manual service line shut-off valves for the grants program, please contact:
an EFV. Electronic notification can any new or replaced service line must Thomas Liberatore, Federal Motor
include emails, Web site postings, and be installed in such a way as to allow Carrier Safety Administration, 1200
e-billing notices. accessibility during emergencies. New Jersey Avenue SE., Washington,
(2) The notification must include an Manual service shut-off valves installed DC 20590; by telephone at (202) 366–
explanation for the service line under this section are subject to regular 3030, or by electronic mail at
customer of the potential safety benefits scheduled maintenance, as documented thomas.liberatore@dot.gov. If you have
that may be derived from installing an by the operator and consistent with the questions regarding the docket, call
EFV. The explanation must include valve manufacturer’s specification. Docket Services, telephone 202–366–
information that an EFV is designed to 9826.
Issued in Washington, DC, on October 7,
shut off the flow of natural gas SUPPLEMENTARY INFORMATION:
2016, under authority delegated in 49 CFR
automatically if the service line breaks. Part 1.97.
(3) The notification must include a I. Executive Summary
Marie Therese Dominguez,
description of EFV installation and A. Purpose and Summary of the Major
replacement costs. The notice must alert Administrator.
[FR Doc. 2016–24817 Filed 10–13–16; 8:45 am]
Provisions
the customer that the costs for
maintaining and replacing an EFV may BILLING CODE 4910–60–P This rule makes nondiscretionary,
later be incurred, and what those costs ministerial changes to FMCSA
will be to the extent known. regulations that are required by the
(4) The notification must indicate that DEPARTMENT OF TRANSPORTATION FAST Act (Pub. L. 114–94, 129 Stat.
if a service line customer requests 1312, December 4, 2015). The FAST Act
installation of an EFV and the load does Federal Motor Carrier Safety made several notable changes to the
not exceed 1,000 SCFH and the Administration grant programs administered by
conditions of paragraph (c) are not FMCSA. For example, it consolidated
present, the operator must install an 49 CFR Part 350 the Border Enforcement, New Entrant,
EFV at a mutually agreeable date. [Docket No. FMCSA–2016–0149] and Performance and Registration
(5) Operators of master-meter systems Information Systems Management
RIN 2126–AB91 (PRISM) grants into the formula Motor
and liquefied petroleum gas (LPG)
operators with fewer than 100 Carrier Safety Assistance Program
Amendments To Implement Grants
customers may continuously post a (MCSAP) grant. Each State is now
Provisions of the Fixing America’s
general notification in a prominent required to fully participate in the
Surface Transportation Act
location frequented by customers. PRISM program by October 1, 2020, as
(f) Operator evidence of customer AGENCY: Federal Motor Carrier Safety a condition to receive funding under
notification. An operator must make a Administration (FMCSA), DOT. MCSAP. The FAST Act also created a
copy of the notice or notices currently ACTION: Final rule. standalone High Priority financial
in use available during PHMSA assistance (High Priority) Program with
inspections or State inspections SUMMARY: The Federal Motor Carrier two major purposes: activities related to
conducted under a pipeline safety Safety Administration (FMCSA) adopts, motor carrier safety and Innovative
program certified or approved by as final, certain regulations required by Technology Deployment (ITD). The ITD
ehiers on DSK5VPTVN1PROD with RULES
PHMSA under 49 U.S.C. 60105 or the Fixing America’s Surface program modifies and replaces the
60106. Transportation Act (FAST Act) enacted FMCSA’s Commercial Motor Vehicle
(g) Reporting. Except for operators of on December 4, 2015. The involved Information Systems and Networks
master-meter systems and LPG operators statutory changes went into effect on (CVISN) program. Also, the Safety Data
with fewer than 100 customers, each October 1, 2016, and require that Improvement Program, which was
operator must report the EFV measures FMCSA make conforming changes to its previously a standalone grant program,
VerDate Sep<11>2014 13:00 Oct 13, 2016 Jkt 241001 PO 00000 Frm 00080 Fmt 4700 Sfmt 4700 E:\FR\FM\14OCR1.SGM 14OCR1](https://thefederalregister.org/doc/81_FR_71186/page/16.svg)
Document Created: 2016-10-14 00:00:36
Document Modified: 2016-10-14 00:00:36
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This final rule is effective April 14, 2017. | |
| Contact | Technical questions: Vincent Holohan, General Engineer, by telephone at 202-366-1933 or by electronic mail at [email protected] | |
| FR Citation | 81 FR 70987 | |
| RIN Number | 2137-AE71 | |
| CFR Associated | Excess Flow Valve Installation; Excess Flow Valve Performance Standards; Pipeline Safety and Service Lines |
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