[Federal Register Volume 89, Number 125 (Friday, June 28, 2024)]
[Rules and Regulations]
[Pages 53880-53882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-14115]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 192
[Docket No. PHMSA-2016-0002; Amdt. No. 192-137]
RIN 2137-AF13
Pipeline Safety: Periodic Updates of Regulatory References to
Technical Standards and Miscellaneous Amendments; Technical Correction
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.
ACTION: Final rule; correction.
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SUMMARY: PHMSA is issuing a technical correction to regulations
promulgated in its April 29, 2024, final rule titled ``Periodic Updates
of Regulatory References to Technical Standards and Miscellaneous
Amendments.'' The correction addresses text that was inadvertently
deleted or omitted by the final rule.
DATES: This correction is effective June 28, 2024.
FOR FURTHER INFORMATION CONTACT:
Technical Information: Rod Seeley by phone at 281-513-1741 or by
email at [email protected].
Regulatory Information: Brianna Wilson by phone at 771-215-0969 or
by email at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background and Need for Technical Correction
On April 29, 2024, PHMSA published a final rule titled ``Pipeline
Safety: Periodic Updates of Regulatory References to Technical
Standards and Miscellaneous Amendments,'' \1\ which incorporates by
reference all or parts of more than 20 new or updated voluntary,
consensus industry technical standards. The amendments in the final
rule allow pipeline operators to use current technologies, improved
materials, and updated industry and management practices. Additionally,
the final rule clarified certain regulatory provisions and made several
editorial corrections. This notice identifies a technical correction at
49 CFR 192.121(c)(2)(iv), as set forth below. The final rule
inadvertently deleted or omitted text found at Table 1 under Sec.
192.121(c)(2)(iv). The publication of this correction is needed to
ensure that the final rule reads as intended.
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\1\ 89 FR 33264 (Apr. 29, 2024).
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II. Regulatory Analyses and Notices
A. Statutory/Legal Authority
Statutory authority for this notice's correction to the final rule,
as with the final rule itself, whose discussion of statutory authority
at Section VI., 89 FR 33264, is adopted herein by reference, is
provided by the Federal Pipeline Safety Act (49 U.S.C. 60101 et seq.).
The Secretary delegated his authority under the Federal Pipeline Safety
Act to the PHMSA Administrator under 49 CFR 1.97.
PHMSA finds it has good cause to make this correction without
notice and comment pursuant to section 553(b) of the Administrative
Procedure Act (APA, 5 U.S.C. 551 et seq.). Section 553(b)(B) of the APA
provides that, when an agency for good cause finds that notice and
public procedure are impracticable, unnecessary, or contrary to the
public interest, the agency may issue a rule without providing notice
and an opportunity for public comment. As explained above, the textual
alterations herein consist of an editorial and technical correction,
including revision to or codification of regulatory language
inadvertently deleted or omitted by the final rule, consistent with
statements in the administrative record. The technical
[[Page 53881]]
correction makes no substantive changes to the final rule but merely
facilitate its implementation by aligning the regulatory text with the
explanatory material in the final rule's preamble, amendatory text, and
administrative record. Because the final rule is the product of an
extensive administrative record with numerous opportunities for public
comment, including through written comments and the Pipeline Advisory
Committees, PHMSA finds that additional comment on the correction
herein is unnecessary.
The immediate effective date of the correction contained in this
document is authorized under 5 U.S.C. 553(d)(3) of the APA. Section
553(d)(3) provides that a rule should take effect ``not less than 30
days'' after publication in the Federal Register, except for when good
cause is found by the agency and published within the rule, thus
allowing for earlier effectiveness. 5 U.S.C. 553(d)(3). ``[T]he purpose
of the thirty-day waiting period is to give affected parties a
reasonable time to adjust their behavior before the final rule takes
effect.'' Omnipoint Corp. v. F.C.C., 78 F.3d 620, 630 (D.C. Cir. 1996).
PHMSA finds that good cause under section 553(d)(3) of the APA supports
making the revisions effective upon publication in the Federal Register
because the editorial and technical correction at Sec. 192.121
(c)(2)(iv) is consistent with the preamble of the final rule and
Advisory Committee discussions on the subject.
B. Executive Order 12866 and 14094, and DOT Regulatory Policies and
Procedures
This correction has been evaluated in accordance with existing
policies and procedures and is considered not significant under each of
Executive Orders 12866 (``Regulatory Planning and Review'') \2\ and
14094 (``Modernizing Regulatory Review''),\3\ and DOT Order 2100.6A
(``Rulemaking and Guidance Procedures''); therefore, this notice has
not been reviewed by the Office of Management and Budget (OMB). PHMSA
finds that the editorial and technical correction herein, in all
respects consistent with the final rule, imposes no incremental
compliance costs nor adversely affects safety, as it merely corrects a
non-substantive typographical error made during the drafting of the
final rule and restores the intent of the final rule as discussed in
its preamble and supporting documentation.
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\2\ 58 FR 51735, (Oct. 4, 1993).
\3\ 88 FR 21879 (Apr. 11, 2023).
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C. Regulatory Flexibility Act, Executive Order 13272, and DOT Policies
and Procedures
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
agencies to review regulations to assess their impact on small entities
unless the agency head certifies that a rulemaking will not have a
significant economic impact on a substantial number of small entities
including small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations under 50,000. The
Regulatory Flexibility Act directs agencies to establish exceptions and
differing compliance standards for small businesses, where possible to
do so and still meet the objectives of applicable regulatory statutes.
Executive Order 13272 (``Proper Consideration of Small Entities in
Agency Rulemaking'') \4\ requires agencies to establish procedures and
policies to promote compliance with the Regulatory Flexibility Act and
to ``thoroughly review draft rules to assess and take appropriate
account of the potential impact'' of the rules on small businesses,
governmental jurisdictions, and small organizations. The DOT posts its
implementing guidance on a dedicated web page.\5\
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\4\ 67 FR 53461 (Aug. 16, 2002).
\5\ DOT, ``Rulemaking Requirements Related to Small Entities,''
https://www.transportation.gov/regulations/rulemaking-requirements-concerning-small-entities (last accessed June 17, 2021).
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As explained in the Final Regulatory Flexibility Analysis (FRFA),
PHMSA found that the final rule would not have a significant impact on
a substantial number of small entities.\6\ Therefore, PHMSA expects
that these corrections--like the amendments in the final rule--will not
have a significant economic impact on a substantial number of small
entities. Because the technical corrections herein will impose no new
incremental compliance costs, PHMSA understands the analysis in the
FRFA remains unchanged.
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\6\ 89 FR 33264, 33276.
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D. Paperwork Reduction Act
The correction in this document imposes no new or revised
information collection requirements beyond those discussed in the final
rule.
E. Unfunded Mandates Reform Act of 1995
PHMSA analyzed the correction in this notice under the factors in
the Unfunded Mandates Reform Act of 1995 (UMRA, 2 U.S.C. 1501 et seq.)
and determined that the corrections to the final rule herein do not
impose enforceable duties of $100 million or more, adjusted for
inflation, in any one year, on State, local, or Tribal governments, or
on the private sector. PHMSA prepared an analysis of the UMRA
considerations in the final rule, which is available in the docket for
the rulemaking. Because the correction herein will impose no new
incremental compliance costs, the analysis in that UMRA discussion for
the final rule remains unchanged.
F. Environmental Assessment
The National Environmental Policy Act of 1969 (NEPA, 42 U.S.C. 4321
et seq.) requires Federal agencies to prepare a detailed statement on
major Federal actions significantly affecting the quality of the human
environment. PHMSA analyzed the final rule in accordance with NEPA,
implementing Council on Environmental Quality regulations (40 CFR parts
1500-1508), and DOT implementing policies (DOT Order 5610.1C,
``Procedures for Considering Environmental Impacts'') and determined
the final rule would not significantly affect the quality of the human
environment.\7\ The correction to the final rule in this notice has no
effect on PHMSA's earlier NEPA analysis, as it is consistent with, and
facilitates compliance with, the final rule.
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\7\ 89 FR 33264, 33276-78 (Apr. 29, 2024).
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G. Privacy Act Statement
In accordance with 5 U.S.C. 553(c), the DOT solicits comments from
the public to inform its rulemaking process. The DOT posts these
comments, without edit, including any personal information the
commenter provided, 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.
H. Executive Order 13132 (Federalism)
PHMSA has analyzed this correction in accordance with the
principles and criteria contained in Executive Order 13132
(``Federalism'').\8\ The correction herein is consistent with, and
facilitates compliance with, the final rule, and does not have any
substantial direct effect on the States, the relationship between the
Federal Government and the States, or the distribution of power and
responsibilities among the various levels of government beyond what was
accounted for in the final rule. This notice does not contain any
provision that imposes any substantial direct compliance costs on State
or local
[[Page 53882]]
governments, nor any new provision that preempts State law. Therefore,
the consultation and funding requirements of Executive Order 13132 do
not apply.
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\8\ 64 FR 43255 (Aug. 10, 1999).
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I. Executive Order 13211
Executive Order 13211 (``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'') \9\
requires federal agencies to prepare a Statement of Energy Effects for
any ``significant energy action.'' The correction herein does not
invoke any issues under Executive Order 13211.
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\9\ 66 FR 28355 (May 22, 2001).
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J. Executive Order 13175
This correction was analyzed in accordance with the principles and
criteria contained in Executive Order 13175 (``Consultation and
Coordination with Indian Tribal Governments'') \10\ and DOT Order
5301.1A (``Department of Transportation Tribal Consultation Policies
and Procedures''). Executive Order 13175 and DOT Order 5301.1A require
DOT Operating Administrations to assure meaningful and timely input
from Native American tribal government representatives in the
development of rules that significantly or uniquely affect tribal
communities by imposing ``substantial direct compliance costs'' or
``substantial direct effects'' on such communities, or the relationship
and distribution of power between the Federal Government and Native
American tribes. Because the correction herein does not have Tribal
implications or impose substantial direct compliance costs on Indian
Tribal governments, the funding and consultation requirements of
Executive Order 13175 do not apply.
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\10\ 65 FR 67249 (Nov. 6, 2000).
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K. Executive Order 13609 and International Trade Analysis
Under Executive Order 13609 (``Promoting International Regulatory
Cooperation''),\11\ agencies must consider whether the impacts
associated with significant variations between domestic and
international regulatory approaches are unnecessary or may impair the
ability of American business to export and compete internationally. In
meeting shared challenges involving health, safety, labor, security,
environmental, and other issues, international regulatory cooperation
can identify approaches that are at least as protective as those that
are or would be adopted in the absence of such cooperation.
International regulatory cooperation can also reduce, eliminate, or
prevent unnecessary differences in regulatory requirements. The
correction to the final rule in this notice does not impact
international trade.
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\11\ 77 FR 26413 (May 4, 2012).
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L. National Technology Transfer and Advancement Act
The National Technology Transfer and Advancement Act of 1995 (15
U.S.C. 272 note) directs federal agencies to use voluntary consensus
standards in their regulatory activities unless doing so would be
inconsistent with applicable law or otherwise impractical. Voluntary
consensus standards are technical standards (e.g., specification of
materials, test methods, or performance requirements) that are
developed or adopted by voluntary consensus standard bodies. The final
rule adopted more than 20 new or updated voluntary, consensus industry
technical standards. The correction herein does not change the final
rule's analysis.
M. Cybersecurity and Executive Order 14028
Executive Order 14028 (``Improving the Nation's Cybersecurity'')
\12\ directed the federal government to improve its efforts to
identify, deter, and respond to ``persistent and increasingly
sophisticated malicious cyber campaigns.'' The correction herein does
not invoke any cybersecurity issues.
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\12\ 86 FR 26633 (May 17, 2021).
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N. Severability
This correction does not present any issues with severability.
O. Regulation Identifier Number (RIN)
A 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 can be used to cross-
reference this action with the Unified Agenda.
List of Subjects in 49 CFR Part 192
Incorporation by reference, Pipeline safety, Natural gas.
Correction
In FR Doc. 2024-08624 that appears on page 33281 of the Federal
Register on Monday, April 29, 2024, the following correction is made:
0
1. On page 33281, in column 1, in amendatory instruction 8, paragraph
(c)(2)(iv) is corrected to read as follows:
Sec. 192.121 [Corrected]
* * * * *
(c) * * *
(2) * * *
(iv) The wall thickness for a given outside diameter is not less
than that listed in Table 1 to this paragraph (c)(2)(iv):
Table 1 to Paragraph (c)(2)(iv)
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PE pipe: minimum wall thickness and SDR values
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Minimum wall Corresponding
Pipe size (inches) thickness dimension
(inches) ratio (values)
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\1/2\'' CTS............................. 0.090 7
\1/2\'' IPS............................. 0.090 9.3
\3/4\'' CTS............................. 0.090 9.7
\3/4\'' IPS............................. 0.095 11
1'' CTS................................. 0.099 11
1'' IPS................................. 0.119 11
1 \1/4\'' CTS........................... 0.121 11
1 \1/4\'' IPS........................... 0.151 11
1 \1/2\'' IPS........................... 0.173 11
2''..................................... 0.216 11
3''..................................... 0.259 13.5
4''..................................... 0.265 17
6''..................................... 0.315 21
8''..................................... 0.411 21
10''.................................... 0.512 21
12''.................................... 0.607 21
16''.................................... 0.762 21
18''.................................... 0.857 21
20''.................................... 0.952 21
22''.................................... 1.048 21
24''.................................... 1.143 21
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Issued in Washington, DC, on June 20, 2024, under authority
delegated in 49 CFR 1.97.
Tristan H. Brown,
Deputy Administrator.
[FR Doc. 2024-14115 Filed 6-27-24; 8:45 am]
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