[Federal Register Volume 90, Number 9 (Wednesday, January 15, 2025)]
[Rules and Regulations]
[Pages 3713-3716]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00073]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Part 192
[Docket No. PHMSA-2011-0023; Amdt. No. 192-138]
RIN 2137-AF39
Pipeline Safety: Safety of Gas Transmission Pipelines: Repair
Criteria, Integrity Management Improvements, Cathodic Protection,
Management of Change, and Other Related Amendments: Corrections To
Conform to Judicial Review
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
Department of Transportation (DOT).
ACTION: Correcting amendments.
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SUMMARY: These amendments conform part 192 of the Code of Federal
Regulations (CFR) to the August 2024 order of the United States Court
of Appeals for the District of Columbia Circuit by removing several
vacated provisions.
DATES: Effective on January 15, 2025.
FOR FURTHER INFORMATION CONTACT: Robert Jagger, Senior Transportation
Specialist, by email at [email protected].
SUPPLEMENTARY INFORMATION: On August 24, 2022, PHMSA published a final
rule titled ``Safety of Gas Transmission Pipelines: Repair Criteria,
Integrity Management Improvements, Cathodic Protection, Management of
Change, and Other Related Amendments'' (2022 Gas Transmission Final
Rule) \1\ amending the federal pipeline safety regulations at 49 CFR
part 192 to improve the safety of onshore gas transmission pipelines.
The 2022 Gas Transmission Final Rule updated and expanded requirements
pertaining to corrosion control, repair criteria and timelines for
various pipeline integrity anomalies (including various manifestations
of metal loss, cracking, and denting), and other integrity management
improvements.
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\1\ 87 FR 52224 (Aug. 24, 2022).
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The Interstate Natural Gas Association of America (INGAA) filed a
petition for judicial review challenging several provisions of the 2022
Gas Transmission Final Rule. On August 16, 2024, the United States
Court of Appeals for the District of Columbia Circuit (D.C. Circuit)
ordered the following provisions vacated: \2\
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\2\ INGAA v. PHMSA, No. 23-1173, 114 F.4th 744, 756 (D.C. Cir.
Aug. 16, 2024).
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(1) Monitoring and mitigation of internal corrosive constituents at
Sec. 192.478;
(2) The immediate repair criterion for cracks or crack-like
anomalies with predicted failure pressures below 1.25 x maximum
allowable operating pressure (MAOP) at Sec. Sec. 192.714(d)(1)(v)(C)
and 192.933(d)(1)(v)(C); and
(3) High-frequency electric resistance welded seams as one of the
seam types qualifying for the immediate repair criterion of
preferential metal loss on certain seam types at Sec. Sec.
192.714(d)(1)(iv) and 192.933(d)(1)(iv).\3\
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\3\ Preferential metal loss on direct current, low-frequency
electric resistance welded pipe, and electric flash welded pipe
remain immediate repair conditions when an anomaly on pipe with
these seam types meet the conditions under Sec. Sec.
192.714(d)(1)(iv) and 192.933(d)(1)(iv). INGAA v. PHMSA, 114 F.4th
at 756 (vacating the provisions ``only as applied to seams formed by
high-frequency electric resistance welding'').
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This notice removes those vacated provisions and makes conforming
revisions to align the federal pipeline safety regulations to the
result of judicial review.\4\
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\4\ PHMSA also removes now obsolete cross-references to Sec.
192.478 located in Sec. Sec. 192.9 and 192.927, without making any
other changes to those provisions.
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[[Page 3714]]
Additionally, the court's August 16, 2024, decision found the dent
engineering critical assessment method at Sec. 192.712(c) to be
inadequately justified. However, the D.C. Circuit subsequently, in a
December 10, 2024 order, granted an unopposed petition for rehearing by
INGAA and remanded this provision to PHMSA without vacatur.
Accordingly, the engineering critical assessment method for dents
articulated at Sec. 192.712(c) remains in the federal pipeline safety
regulations, thereby allowing operators complying with the process to,
where appropriate, monitor rather than repair certain dents according
to the requirements of Sec. Sec. 192.714(d) and 192.933(d). Section
192.712(c) will remain in effect as PHMSA considers its approach to
address the deficiencies in PHMSA's adoption of Sec. 192.712(c)
identified in the court's August 16, 2024, decision. PHMSA will
announce such regulatory actions in the Federal Register in ordinary
course.
PHMSA has good cause to make these conforming corrections without
notice and comment pursuant to Section 553(b)(B) of the Administrative
Procedure Act (APA, 5 U.S.C. 551, et seq.) because, the D.C. Circuit
having vacated these provisions of the 2022 Gas Transmission Final
Rule, no comment could ``change[ ] that fact'' and additional comment
would be ``utterly unnecessary.'' EME Homer City Generation, LP v. EPA,
795 F.3d 118, 134-35 (D.C. Cir. 2015) (internal quotations omitted).
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
amendments without providing notice and an opportunity for public
comment. Notice and comment on these correction amendments is
unnecessary for this ministerial action conforming the pipeline safety
regulations to the result ordered by the D.C. Circuit. The Agency
simply removes the three discrete provisions (two of which are found at
both Sec. Sec. 192.714 and 192.933) which have been vacated by the
court. PHMSA finds that notice and opportunity for public comment are
unnecessary under section 553(b)(B) of the APA.
PHMSA also finds good cause for the immediate effective date on
publication of these conforming corrections. Section 553(d) of the APA
provides that a rule should take effect not less than 30 days after
publication in the Federal Register, except for when a rule relieves a
restriction or when good cause is found by the agency and published
within the rule allowing for earlier effect. 5 U.S.C. 553(d)(1) & (3).
These conforming corrections relieve discrete requirements of the 2022
Gas Transmission Final Rule. 5 U.S.C. 553(d)(1). Moreover, good cause
exists for immediate effect as, the D.C. Circuit having entered its
judgment, the provisions of the code being removed herein are no longer
effective, operators and the public will benefit from regulatory text
reflecting the accurate regulatory environment, and no additional time
is necessary to conform operator behavior. Omnipoint Corp. v. F.C.C.,
78 F.3d 620, 630 (D.C. Cir. 1996); 5 U.S.C. 553(d)(3).
I. Regulatory Analyses and Notices
A. Legal Authority
These conforming corrections are published under the authority of
the Secretary of Transportation delegated to PHMSA pursuant to 49 CFR
1.97. Among the statutory authorities delegated to PHMSA are the
authorities vested in the Secretary under the Federal Pipeline Safety
Statutes (49 U.S.C. 60101 et seq.). Section 60102(a) authorizes
issuance of regulations governing design, installation, inspection,
emergency plans and procedures, testing, construction, extension,
operation, replacement, and maintenance of pipeline facilities.\5\
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\5\ See 87 FR at 52263 (2022 Gas Transmission Final Rule
statutory authorities).
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B. Executive Order 12866 and DOT Regulatory Policies and Procedures
These conforming corrections have been evaluated in accordance with
Executive Order 12866 (``Regulatory Planning and Review''),\6\
Executive Order 14094 (``Modernizing Regulatory Review''),\7\ and DOT
Order 2100.6A (``Rulemaking and Guidance Procedures'') and are
considered not significant; therefore, these conforming corrections
have not been reviewed by the Office of Management and Budget (OMB). As
the conforming corrections herein merely reflect the current state of
the regulations following judicial review, PHMSA finds that the
conforming corrections themselves impose no incremental compliance
costs, nor do they adversely impair safety.
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\6\ 58 FR 51735 (Oct. 4, 1993).
\7\ 88 FR 21879 (Apr. 11, 2023).
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C. Regulatory Flexibility Act
The analytical requirements of the Regulatory Flexibility Act, as
amended by the Small Business Regulatory Flexibility Fairness Act of
1996 (RFA, 5 U.S.C. 601 et seq.), do not apply when the agency finds
good cause under the APA to adopt a rule without prior notice and
comment.\8\ Because PHMSA has ``good cause'' under the APA to forgo
comment on the corrections herein, no RFA analysis is required.
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\8\ See 5 U.S.C. 603-604. See also Small Business
Administration, ``A Guide for Government Agencies: How to Comply
with the Regulatory Flexibility Act'' 55 (2017).
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D. Paperwork Reduction Act
These conforming corrections impose no new or revised information
collection requirements. As explained above, the conforming corrections
are non-substantive as they reflect the outcome of judicial review, and
they will require no change to the current incident and annual
reporting forms and their respective instructions as discussed in the
preamble of the 2022 Gas Transmission Final Rule.
E. Unfunded Mandates Reform Act of 1995
PHMSA analyzed these conforming corrections pursuant to the
Unfunded Mandates Reform Act of 1995 (UMRA, 2 U.S.C. 1501 et seq.) and
determined that the corrections 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. Because
the corrections impose no new incremental compliance costs beyond those
already assessed in the 2022 Gas Transmission Final Rule, PHMSA's
earlier UMRA analysis need not be changed.\9\
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\9\ Final Regulatory Impact Analysis, Doc. No. PHMSA-2011-0023-
0637 (2022).
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F. National Environmental Policy Act
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 2022 Gas Transmission Final Rule in
accordance with NEPA, consistent with Council on Environmental Quality
regulations (40 CFR parts 1500 through 1508), and DOT implementing
policies (DOT Order 5610.1C, ``Procedures for Considering Environmental
Impacts'') and determined the 2022 Gas Transmission Final Rule would
not significantly affect the quality of the human environment.\10\
PHMSA has determined that the corrections in this document have no
effect on its earlier NEPA analysis, as
[[Page 3715]]
the corrections simply reflect the 2022 Gas Transmission Final Rule as
modified by judicial review.
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\10\ Final Environmental Assessment, Doc. No. PHMSA-2011-0023-
0635 (2022).
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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 these conforming corrections in accordance with
the principles and criteria contained in Executive Order 13132
(``Federalism'').\11\ PHMSA has previously determined that the 2022 Gas
Transmission Final Rule did not impose any substantial direct effect on
the States, the relationship between the National Government and the
States, or the distribution of power and responsibilities among the
various levels of government.\12\ Because the judicially conforming
corrections herein are consistent with the 2022 Gas Transmission Final
Rule as modified by judicial review, the consultation and funding
requirements of Executive Order 13132 do not apply.\13\
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\11\ 64 FR 43255 (Aug. 10, 199).
\12\ See 87 FR at 20978.
\13\ Moreover, PHMSA determined that the 2022 Gas Transmission
Final Rule did not impose substantial direct compliance costs on
state and local governments.
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I. Executive Order 13211
PHMSA analyzed the 2022 Gas Transmission Final Rule and determined
that the requirements of Executive Order 13211 (``Actions Concerning
Regulations that Significantly Affect Energy Supply, Distribution, or
Use'') \14\ did not apply. These judicially conforming corrections to
the 2022 Gas Transmission Final Rule are not a ``significant energy
action'' under Executive Order 13211, as they are not a significant
regulatory action, and they are not likely to have a significant
adverse effect on supply, distribution, or energy use. Further, OMB has
not designated the corrections herein as a significant energy action.
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\14\ 66 FR 28355 (May 22, 2001).
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J. Executive Order 13175
This document was analyzed in accordance with the principles and
criteria contained in Executive Order 13175 (``Consultation and
Coordination with Indian Tribal Governments'') \15\ and DOT Order
5301.1 (``Department of Transportation Policies, Programs, and
Procedures Affecting American Indians, Alaska Natives, and Tribes'').
Because none of these corrections 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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\15\ 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''),\16\ 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. These
conforming corrections do not impact international trade.
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\16\ 77 FR 26413 (May 4, 2012).
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L. 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 notice can be used to cross-
reference this action with the Unified Agenda.
M. Severability
This makes discrete corrections which conform the regulations with
the outcome of judicial review on the 2022 Gas Transmission Final Rule.
Each amendment is severable and operates independently.
List of Subjects in 49 CFR Part 192
Corrosion control, Installation of pipe in a ditch, Integrity
management, Internal inspection device, Management of change, Pipeline
safety, Repair criteria, Surveillance.
In consideration of the foregoing, PHMSA corrects 49 CFR part 192
by making the following correcting amendments:
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: 30 U.S.C. 185(w)(3), 49 U.S.C. 5103, 60101 et seq.,
and 49 CFR 1.97.
0
2. Amend Sec. 192.9 by revising paragraphs (b), (c), (d)(2), and
(e)(1)(ii) as follows:
Sec. 192.9 What requirements apply to gathering pipelines?
* * * * *
(b) Offshore lines. An operator of an offshore gathering line must
comply with requirements of this part applicable to transmission lines,
except the requirements in Sec. Sec. 192.13(d), 192.150, 192.285(e),
192.319(d) through (g), 192.461(f) through (i), 192.465(d) and (f),
192.473(c), 192.485(c), 192.493, 192.506, 192.607, 192.613(c),
192.619(e), 192.624, 192.710, 192.712, and 192.714, and in subpart O of
this part. Further, operators of offshore gathering lines are exempt
from the requirements of Sec. Sec. 192.617(b) through (d) and 192.635.
Lastly, operators of offshore gathering lines are exempt from the
requirements of Sec. 192.615 (but an operator of an offshore gathering
line must comply with the requirements of 49 CFR 192.615, effective as
of October 4, 2022).
(c) Type A lines. An operator of a Type A regulated onshore
gathering line must comply with the requirements of this part
applicable to transmission lines, except the requirements in Sec. Sec.
192.13(d), 192.150, 192.285(e), 192.319(d) through (g), 192.461(f)
through (i), 192.465(d) and (f), 192.473(c), 192.485(c) 192.493,
192.506, 192.607, 192.613(c), 192.619(e), 192.624, 192.710, 192.712,
and 192.714, and in subpart O of this part. However, an operator of a
Type A regulated onshore gathering line in a Class 2 location may
demonstrate compliance with subpart N of this part by describing the
processes it uses to determine the qualification of persons performing
operations and maintenance tasks. Further, operators of Type A
regulated onshore gathering lines are exempt from the requirements of
Sec. Sec. 192.179(e) through (g), 192.610, 192.617(b) through (d),
192.634, 192.635, 192.636, and 192.745(c) through (f). Lastly,
operators of Type A regulated onshore gathering lines are exempt from
the requirements of Sec. 192.615 (but an operator of a Type A
regulated onshore gathering line must comply with the requirements of
49 CFR 192.615, effective as of October 4, 2022).
[[Page 3716]]
(d) * * *
(2) If the pipeline is metallic, control corrosion according to
requirements of subpart I of this part applicable to transmission
lines, except the requirements in Sec. Sec. 192.461(f) through (i),
192.465(d) and (f), 192.473(c), 192.485(c), and 192.493;
* * * * *
(e) * * *
(1) * * *
(ii) If the pipeline is metallic, control corrosion according to
requirements of subpart I of this part applicable to transmission
lines, except the requirements in Sec. Sec. 192.461(f) through (i),
192.465(d) and (f), 192.473(c), 192.485(c), and 192.493;
* * * * *
Sec. 192.478 [Removed]
0
3. Remove Sec. 192.478.
0
4. Amend Sec. 192.714 by revising paragraphs (d)(1)(iv) and (v) to
read as follows:
Sec. 192.714 Transmission lines: Repair criteria for onshore
transmission pipelines.
* * * * *
(d) * * *
(1) * * *
(iv) Metal loss preferentially affecting a detected longitudinal
seam, if that seam was formed by direct current, low-frequency electric
resistance welding, electric flash welding, or has a longitudinal joint
factor less than 1.0, and the predicted failure pressure determined in
accordance with Sec. 192.712(d) is less than 1.25 times the MAOP.
(v) A crack or crack-like anomaly meeting any of the following
criteria:
(A) Crack depth plus any metal loss is greater than 50 percent of
pipe wall thickness; or
(B) Crack depth plus any metal loss is greater than the inspection
tool's maximum measurable depth.
* * * * *
0
5. Amend Sec. 192.927 by revising paragraph (c)(4)(iii)(A) to read as
follows:
Sec. 192.927 What are the requirements for using Internal Corrosion
Direct Assessment (ICDA)?
* * * * *
(c) * * *
(4) * * *
(iii) * * *
(A) Conduct excavations of, and detailed examinations at, locations
downstream from where the electrolytes might have entered the pipe to
investigate and accurately characterize the nature, extent, and root
cause of the corrosion; or
* * * * *
0
6. Amend Sec. 192.933 by revising paragraphs (d)(1)(iv) and (v) to
read as follows:
Sec. 192.933 What actions must be taken to address integrity issues?
* * * * *
(d) * * *
(1) * * *
(iv) Metal loss preferentially affecting a detected longitudinal
seam, if that seam was formed by direct current, low-frequency electric
resistance welding, electric flash welding, or has a longitudinal joint
factor less than 1.0, and the predicted failure pressure determined in
accordance with Sec. 192.712(d) is less than 1.25 times the MAOP.
(v) A crack or crack-like anomaly meeting any of the following
criteria:
(A) Crack depth plus any metal loss is greater than 50 percent of
pipe wall thickness; or
(B) Crack depth plus any metal loss is greater than the inspection
tool's maximum measurable depth.
* * * * *
Issued in Washington, DC, on December 30, 2024, under authority
delegated in 49 CFR 1.97.
Tristan H. Brown,
Deputy Administrator.
[FR Doc. 2025-00073 Filed 1-14-25; 8:45 am]
BILLING CODE 4910-60-P