[Federal Register Volume 90, Number 124 (Tuesday, July 1, 2025)]
[Rules and Regulations]
[Pages 28050-28054]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-12113]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 191 and 195
[Docket No. PHMSA-2025-0109; Amdt. Nos. 191-36, 195-115]
RIN 2137-AF78
Pipeline Safety: Property Damage Definition for Incident
Reporting on Gas Pipelines and Accidents on Hazardous Liquid Pipelines
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
Department of Transportation (DOT).
ACTION: Direct final rule (DFR); request for comments.
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SUMMARY: This DFR revises the property damage threshold for determining
when a release from a gas or hazardous liquid pipeline facility meets
the definition of a reportable incident or accident. This change
clarifies that certain indirect impacts associated with investigating
and repairing a release do not contribute to that threshold. This DFR
also adopts an inflation adjusted property damage threshold for
reporting hazardous liquid pipeline accidents identical to the one
previously adopted for reporting gas pipeline incidents.
DATES: The DFR is effective October 9, 2025, unless adverse comments
are received by September 2, 2025. If adverse comments are received,
notification will be published in the Federal Register before the
effective date either withdrawing the rule (in its entirety or portions
thereof) or issuing a new final rule which responds to those comments.
ADDRESSES: You may submit comments identified by the Docket Number
PHMSA-2025-0109 using any of the following methods:
E-Gov Web: https://www.regulations.gov. This site allows the public
to enter comments on any Federal Register notice issued by any agency.
Follow the online instructions for submitting comments.
Mail: Docket Management System: U.S. Department of Transportation,
1200 New Jersey Avenue SE, West Building, Ground Floor, Room W12-140,
Washington, DC 20590-0001.
Hand Delivery: U.S. DOT Docket Management System: West Building,
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays.
Fax: 1-202-493-2251.
[[Page 28051]]
For commenting instructions and additional information about
commenting, see SUPPLEMENTARY INFORMATION.
FOR FURTHER INFORMATION CONTACT: Sayler Palabrica, Transportation
Specialist, 1200 New Jersey Avenue SE, Washington, DC 20590, 202-744-
0825, [email protected].
SUPPLEMENTARY INFORMATION:
I. General Discussion
Through this DFR, PHMSA is clarifying the property damage
thresholds that apply in determining whether a release is a reportable
incident pursuant to 49 CFR 191.9 or 191.15 or reportable accident
pursuant to 49 CFR 195.50(e). PHMSA is also adopting for hazardous
liquid pipeline accident reporting under part 195 the inflation
adjustment methodology that was previously adopted for reporting gas
pipeline incidents in Sec. 191.3 and appendix A to part 191.
Specifically, PHMSA is revising the definition of ``incident'' (at
Sec. 191.3) for gas pipelines and ``accident'' for hazardous liquid
pipelines (at Sec. 195.50(e)) to clarify that the costs associated
with obtaining permits and removing or replacing infrastructure
undamaged by an event (e.g., pavement needed for access and repair
activity) do not need to be considered when calculating estimated
property damage. This amendment responds to the National Association of
Pipeline Safety Representatives Resolution 2021-01, ``A Resolution
Seeking a Modification of PHMSA's Instructions for Incident Reporting
for Gas Distribution, Gas Transmission, and Gas Gathering Systems,''
concerning how to classify overall secondary damage beyond the primary
damage from a potential gas pipeline incident. Operators would still
report these costs as incident consequences on the applicable incident
and accident report forms; however, they should not be included in the
calculation of property damage for determining whether a release is
reportable as an incident or accident.
On May 18, 2023, PHMSA published a notice of proposed rulemaking
(NPRM) that addressed, among other things, the change to the property
damage criterion in part 191 being adopted in this direct final rule
(88 FR 31890 (May 18, 2023)). PHMSA received approximately 43,000
public comments and nearly two weeks of advisory committee deliberation
on that proceeding; however, this specific provision was subject to no
controversy. While that proposal did not address hazardous liquid
pipeline facilities, PHMSA anticipates that the change is even less
consequential for hazardous liquid pipelines, which have a more
stringent volumetric criterion for reporting accidents and are less
likely to be located under pavement or other infrastructure compared
with gas distribution lines.
Along with this change, PHMSA is adjusting the property damage
threshold for reporting accidents on hazardous liquid pipelines in
Sec. 195.50(e) to account for inflation. The current $50,000 threshold
has not been adjusted since 1994, and the regulation does not
incorporate a mechanism for annual inflation adjustments going forward.
PHMSA is adopting the same methodology previously applied to gas
pipeline incident reporting in Sec. 191.1 and Appendix A to part 191.
In 2020, PHMSA proposed in separate proposed rulemakings to adjust the
property damage criterion for reporting gas pipeline incidents (85 FR
35240 (Jun. 9, 2020)) and hazardous liquid pipeline accidents (85 FR
21140 (Apr. 4, 2020)) from $50,000 to account for inflation, to reduce
reporting burdens from inconsequential releases, and to ensure that
reporting requirements remain consistent going forward in real (i.e.,
inflation-adjusted) terms. In 2021, PHMSA issued a final rule
incorporating a one-time catch-up for historical inflation and adopting
a mechanism for making periodic inflationary adjustments to the
property damage threshold in accordance with appendix A to part 191 (86
FR 2210 (Jan. 11, 2021)). Since then, PHMSA has published updates to
the property damage criterion for reporting gas pipeline incidents on
the agency web page each year. However, the parallel liquid pipeline
regulatory reform proposed rule was not finalized, resulting in
inconsistent reporting requirements across PHMSA's jurisdiction. This
direct final rule corrects this discrepancy, resulting in the benefits
described above and in preamble to the 2021 final rule, while also
ensuring consistency across gas and hazardous liquid pipeline reporting
requirements.
Consistent with the current property damage criterion posted on
PHMSA's incident reporting web page at https://www.phmsa.dot.gov/incident-reporting, the property damage criterion for calendar year
2025 is $149,700. In future versions of the inflation adjustment memo,
PHMSA will refer to both gas incidents and hazardous liquid accidents.
Also consistent with gas requirements, PHMSA clarifies that the cost of
lost product is not included in the property damage calculation for
reporting hazardous liquid pipeline accidents. The volume of lost
product is addressed separately in Sec. 195.50(b) and the price of a
given volume of crude oil, petroleum products, and other hazardous
liquids and carbon dioxide can be highly variable.
Finally, this direct final rule updates the property damage
threshold for gas pipeline reporting in Sec. 191.3 to $149,700
consistent with the value currently posted on PHMSA's website for
calendar year 2025. Since this reflects the current definition, this
amendment is editorial and intended only to ensure consistency across
gas and hazardous liquid pipeline incident and accident reporting.
Commenting
Instructions: Please include the docket number PHMSA-2025-0109 at
the beginning of your comments. If you submit your comments by mail,
submit two copies. If you wish to receive confirmation that PHMSA
received your comments, include a self-addressed stamped postcard.
Internet users may submit comments at https://www.regulations.gov.
Note: Comments are posted without changes or edits to https://www.regulations.gov, including any personal information provided.
There is a privacy statement published on https://www.regulations.gov.
Privacy Act: In accordance with 5 United States Code (U.S.C.)
553(c), DOT solicits comments from the public to inform its rulemaking
process. DOT posts these comments, without edit, including any personal
information the commenter provides, to https://www.regulations.gov, as
described in the system of records notice (DOT/ALL-14 FDMS), which can
be reviewed at https://www.dot.gov/privacy.
Confidential Business Information: Confidential Business
Information (CBI) is commercial or financial information that is both
customarily and actually treated as private by its owner. Under the
Freedom of Information Act (FOIA, 5 U.S.C. 552), CBI is exempt from
public disclosure. It is important that you clearly designate the
comments submitted as CBI if: your comments responsive to this document
contain commercial or financial information that is customarily treated
as private; you actually treat such information as private; and your
comment is relevant or responsive to this notice. Pursuant to 49 Code
of Federal Regulations (CFR) 190.343, you may ask PHMSA to provide
confidential treatment to information you give to the agency by taking
the following steps: (1) mark each page of the original document
[[Page 28052]]
submission containing CBI as ``Confidential''; (2) send PHMSA, along
with the original document, a second copy of the original document with
the CBI deleted; and (3) explain why the information that you are
submitting is CBI. Submissions containing CBI should be sent to Sayler
Palabrica, Office of Pipeline Safety, Pipeline and Hazardous Materials
Safety Administration (PHMSA), 2nd Floor, 1200 New Jersey Avenue SE,
Washington, DC 20590-0001, or by email at [email protected]. Any
materials PHMSA receives that is not specifically designated as CBI
will be placed in the public docket.
Docket: For access to the docket to read background documents or
comments received, go to http://www.regulations.gov. Follow the online
instructions for accessing the docket. Alternatively, you may review
the documents in person at the street address listed above.
II. Regulatory Analysis and Notices
A. Legal Authority
This direct final rule is published under the authority of the
Secretary of Transportation set forth in the Federal Pipeline Safety
Laws (49 U.S.C. 60101 et seq.) and delegated to the PHMSA Administrator
pursuant to 49 CFR 1.97. Upon evaluation, and for the reasons explained
above, PHMSA has determined that this direct final rule is unlikely to
elicit adverse comment. See 49 U.S.C. 60102(b)(6)(A); 49 CFR 190.339.
B. Executive Order 12866; Regulatory Planning and Review
Executive Order (E.O.) 12866 (``Regulatory Planning and Review'';
58 FR 51735 (Oct. 4, 1993)), as implemented by DOT Order 2100.6B
(``Policies and Procedures for Rulemaking''), requires agencies to
regulate in the ``most cost-effective manner,'' to make a ``reasoned
determination that the benefits of the intended regulation justify its
costs,'' and to develop regulations that ``impose the least burden on
society.'' DOT Order 2100.6B specifies that regulations should
generally ``not be issued unless their benefits are expected to exceed
their costs.'' In arriving at those conclusions, E.O. 12866 requires
that agencies should consider ``both quantifiable measures . . . and
qualitative measures of costs and benefits that are difficult to
quantify'' and ``maximize net benefits . . . unless a statute requires
another regulatory approach.'' E.O. 12866 also requires that ``agencies
should assess all costs and benefits of available regulatory
alternatives, including the alternative of not regulating.'' DOT Order
2100.6B directs that PHMSA and other Operating Administrations must
generally choose the ``least costly regulatory alternative that
achieves the relevant objectives'' unless required by law or compelling
safety need.
E.O. 12866 and DOT Order 2100.6B also require that PHMSA submit
``significant regulatory actions'' to the Office of Information and
Regulatory Affairs (OIRA) within the Executive Office of the
President's Office of Management and Budget (OMB) for review. This
direct final rule is a not significant regulatory action pursuant to
E.O. 12866; it also has not designated this rule as a ``major rule'' as
defined by the Congressional Review Act (5 U.S.C. 801 et seq.).
PHMSA has complied with the procedural and analytical requirements
in E.O. 12866 as implemented by DOT Order 2100.6B. In so doing, PHMSA
has determined that this direct final rule will result in cost savings
by reducing unnecessary reporting burdens for incidents and accidents
with relatively low actual consequences. PHMSA identified 57 hazardous
liquid pipeline accidents reported between 2010 and 2024 involving
total property damage between $50,000 and $149,700 that did not result
in a fire, the release of five gallons or more, death, or injury. This
averages to 3.5 incidents per year that would not require reporting to
PHMSA under the final rule, resulting in cost savings for affected
entities. According to OMB Control Number 2137-0047, the estimated
burden for collecting this information is approximately 12 hours per
response, including time for reviewing instructions, gathering data,
and completing and reviewing the submission. Based on this estimate,
PHMSA projects an annual reduction of 42 burden hours under the direct
final rule. PHMSA expects those cost savings will also lead to reduced
costs for the public, as pipeline operators typically pass a portion of
their compliance costs on to consumers. Although PHMSA acknowledges a
reduction in the number of reported accidents in the abstract could be
said to reduce the quantity of information informing PHMSA regulatory
oversight activity. However, PHMSA understands that impact would be de
minimis as the accidents in question would (by definition) involve
minimal public safety and property damage consequences; some of those
events that were formerly reported as accidents may also remain subject
to safety-related condition reporting pursuant to Sec. 195.55. The
cost savings of this rulemaking could not be quantified.
C. Executive Orders 14192 and 14219
This direct final rule will be a deregulatory action pursuant to
E.O. 14192 (``Unleashing Prosperity Through Deregulation''; (90 FR 9065
(Feb. 6, 2025)). PHMSA estimates that the total costs of the rule on
the regulated community will be less than zero. Nor does this
rulemaking implicate any of the factors identified in section 2(a) of
E.O. 14219 (``Ensuring Lawful Governance and Implementing the
President's `Department of Government Efficiency' Deregulatory
Initiative'') indicative that a regulation is ``unlawful . . . [or]
that undermine[s] the national interest.'' (90 FR 10583 (Feb. 25,
2025).
D. Energy-Related Executive Orders 13211, 14154, and 14156
The President has declared in E.O. 14156 (``Declaring a National
Energy Emergency''; (90 FR 8353 (Jan. 29, 2025)) a national emergency
to address America's inadequate energy development production,
transportation, refining, and generation capacity. Similarly, E.O.
14154 (``Unleashing American Energy,'' (90 FR 8353 (Jan. 29, 2025))
asserts a Federal policy to unleash American energy by ensuing access
to abundant supplies of reliable, affordable energy from (inter alia)
the removal of ``undue burden[s]'' on the identification, development,
or use of domestic energy resources such as PHMSA-jurisdictional gasses
and hazardous liquids. PHMSA finds this direct final rule is consistent
with each of E.O. 14156 and E.O. 14154. The direct final rule will give
affected pipeline operators cost savings associated with preparing
incident and accident reports. PHMSA therefore expects the regulatory
amendments in this direct final rule will in turn increase national
pipeline transportation capacity and improve pipeline operators'
ability to provide abundant, reliable, affordable natural gas and
petroleum products in response to residential, commercial, and
industrial demand.
However, this direct final rule is not a ``significant energy
action'' under E.O. 13211 (``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use''; (66 FR
28355 (May 22, 2001)), which requires Federal agencies to prepare a
Statement of Energy Effects for any ``significant energy action.''
Because this direct final rule is not a significant action under E.O.
12866, it will not have a significant adverse effect on supply,
distribution, or energy use; and OIRA
[[Page 28053]]
has therefore not designated this direct final rule as a significant
energy action.
E. Executive Order 13132: Federalism
PHMSA analyzed this direct final rule in accordance with the
principles and criteria contained in E.O. 13132 (``Federalism''; 64 FR
43255 (Aug. 10, 1999)) and the Presidential Memorandum (``Preemption'')
published in the Federal Register on May 22, 2009 (74 FR 24693). E.O.
13132 requires agencies to ensure meaningful and timely input by State
and local officials in the development of regulatory policies that may
have ``substantial direct effects on the States, on the relationship
between the National Government and the States, or on the distribution
of power and responsibilities among the various levels of government.''
While the direct final rule may operate to preempt some State
requirements, it will not impose any regulation that has substantial
direct effects 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. Section
60104(c) of Federal Pipeline Safety Laws prohibits certain State safety
regulation of interstate pipelines. Under Federal Pipeline Safety Laws,
States that have submitted a current certification under section
60105(a) can augment Federal pipeline safety requirements for
intrastate pipelines regulated by PHMSA but may not approve safety
requirements less stringent than those required by Federal law. A State
may also regulate an intrastate pipeline facility that PHMSA does not
regulate. The preemptive effect of the regulatory amendments in this
direct final rule is limited to the minimum level necessary to achieve
the objectives of the Federal Pipeline Safety Laws. Therefore, the
consultation and funding requirements of E.O. 13132 do not apply.
F. Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
Federal agencies to conduct a Final Regulatory Flexibility Analysis
(FRFA) for a direct final rule subject to notice-and-comment rulemaking
under the Administrative Procedure Act unless the agency head certifies
that the proposed rule in the rulemaking will not have a significant
economic impact on a substantial number of small entities. E.O. 13272
(``Proper Consideration of Small Entities in Agency Rulemaking''; 67 FR
53461 (Aug. 16, 2002)) obliges agencies to establish procedures
promoting compliance with the Regulatory Flexibility Act. DOT posts its
implementing guidance on a dedicated web page. This direct final rule
was developed in accordance with E.O. 13272 and DOT implementing
guidance to ensure compliance with the Regulatory Flexibility Act.
PHMSA expects that this direct final rule will relieve a regulatory
burden and therefore certifies it will not have a significant impact on
a substantial number of small entities.
G. Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act (UMRA, 2 U.S.C. 1501 et seq.)
requires agencies to assess the effects of Federal regulatory actions
on State, local, and Tribal governments, and the private sector. For
any proposed or direct final rule that includes a Federal mandate that
may result in the expenditure by State, local, and Tribal governments,
in the aggregate of $100 million or more (in 1996 dollars) in any given
year, the agency must prepare, amongst other things, a written
statement that qualitatively and quantitatively assesses the costs and
benefits of the Federal mandate.
This direct final rule does not impose unfunded mandates under UMRA
because it does not result in costs of $100 million or more (in 1996
dollars) per year for either State, local, or Tribal governments, or to
the private sector.
H. National Environmental Policy Act
The National Environmental Policy Act (NEPA, 42 U.S.C. 4321 et.
seq.) requires that Federal agencies assess and consider the impact of
major Federal actions on the human and natural environment.
PHMSA analyzed this direct final rule in accordance with NEPA and
issues this Finding of No Significant Impact (FONSI), as it has
determined that the rulemaking will not adversely affect safety and
therefore will not significantly affect the quality of the human and
natural environment.
I. Executive Order 13175
PHMSA analyzed this direct final rule according to the principles
and criteria in E.O. 13175 (``Consultation and Coordination with Indian
Tribal Governments''; 65 FR 67249 (Nov. 9, 2000)) and DOT Order 5301.1A
(``Department of Transportation Tribal Consultation Polices and
Procedures''). E.O. 13175 requires agencies to assure meaningful and
timely input from 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 or
distribution of power between the Federal Government and Tribes.
PHMSA assessed the impact of the direct final rule and determined
that it will not significantly or uniquely affect Tribal communities or
Indian Tribal governments. The rulemaking's regulatory amendments have
a broad, national scope; therefore, this direct final rule will not
significantly or uniquely affect Tribal communities, much less impose
substantial compliance costs on Native American Tribal governments or
mandate Tribal action. For these reasons, PHMSA has concluded that the
funding and consultation requirements of E.O. 13175 and DOT Order
5301.1A do not apply.
J. Paperwork Reduction Act
The Paperwork Reduction Act (44 U.S.C. 3501 et seq.) and its
implementing regulations at 5 CFR 1320.8(d) requires that PHMSA provide
interested members of the public and affected agencies with an
opportunity to comment on information collection and recordkeeping
requests.
PHMSA will submit an information collection revision request to OMB
for approval based on the requirements in this proposed rule. The
information collection is contained in the pipeline safety regulations,
49 CFR parts 190 through 199. The following information is provided for
each information collection: (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; (6)
Description of affected public; (7) Estimate of total annual reporting
and recordkeeping burden; and (8) Frequency of collection. The
information collection burdens for the following information
collections are estimated to be revised as follows:
1. Title: Transportation of Hazardous Liquids by Pipeline: Record
keeping and Accident Reporting.
OMB Control Number: 2137-0047.
Current Expiration Date: 04/30/2026.
Abstract: This information collection covers general recordkeeping
and the collection of information from hazardous liquid pipeline
operators for accident reports. PHMSA estimates that due to the revised
monetary damage threshold for reporting accidents operators will submit
3 fewer hazardous liquid accident reports per year. Therefore, PHMSA
expects to eliminate 3 responses and 36 hours to this information
collection per year as a result of the provisions in the rule.
[[Page 28054]]
Affected Public: All hazardous liquid pipeline operators.
Annual Reporting and Recordkeeping Burden:
Total Annual Responses: 1,643 (1,646-3).
Total Annual Burden Hours: 53,741 (53,777-36).
Frequency of Collection: On Occasion.
K. Executive Order 13609 and International Trade Analysis
E.O. 13609 (``Promoting International Regulatory Cooperation''; 77
FR 26413 (May 4, 2012)) requires agencies 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.
Similarly, the Trade Agreements Act of 1979 (Pub. L. 96-39), as
amended by the Uruguay Round Agreements Act (Pub. L. 103-465),
prohibits Federal agencies from establishing any standards or engaging
in related activities that create unnecessary obstacles to the foreign
commerce of the United States. For purposes of these requirements,
Federal agencies may participate in the establishment of international
standards, so long as the standards have a legitimate domestic
objective, such as providing for safety, and do not operate to exclude
imports that meet this objective. The statute also requires
consideration of international standards and, where appropriate, that
they be the basis for U.S. standards.
PHMSA engages with international standards setting bodies to
protect the safety of the American public. PHMSA has assessed the
effects of the direct final rule and has determined that its regulatory
amendments will not cause unnecessary obstacles to foreign trade.
L. Cybersecurity and Executive Order 14028
E.O. 14028 (``Improving the Nation's Cybersecurity''; 86 FR 26633
(May 17, 2021)) directed the Federal Government to improve its efforts
to identify, deter, and respond to ``persistent and increasingly
sophisticated malicious cyber campaigns.'' PHMSA has considered the
effects of the direct final rule and has determined that its regulatory
amendments will not materially affect the cybersecurity risk profile
for pipeline facilities.
List of Subjects
49 CFR Part 191
Natural gas, Pipeline safety, Reporting and recordkeeping
requirements.
49 CFR Part 195
Pipeline safety, Reporting and recordkeeping requirements.
In consideration of the foregoing, PHMSA amends 49 CFR parts 191
and 195 as follows:
PART 191--TRANSPORTATION OF NATURAL AND OTHER GAS BY PIPELINE;
ANNUAL, INCIDENT, AND OTHER REPORTING
0
1. The authority citation for part 191 continues to read as follows:
Authority: 30 U.S.C. 185(w)(3), 49 U.S.C. 5121, 60101 et seq.,
and 49 CFR 1.97.
0
2. In Sec. 191.3, revise paragraph (1)(ii) in the definition of
``Incident'' to read as follows:
Sec. 191.3 Definitions.
* * * * *
Incident * * *
(1) * * *
(ii) Estimated property damage of $149,700 or more, including loss
to the operator and others, or both, but excluding each of the cost of
gas lost, the cost to acquire permits, and the cost to remove and
replace non-operator infrastructure that was not damaged by the
release. For adjustments for inflation observed in calendar year 2026
onwards, changes to the reporting threshold will be posted on PHMSA's
website. These changes will be determined in accordance with the
procedures in appendix A to part 191.
* * * * *
PART 195--TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE
0
3. The authority citation for part 195 continues to read as follows:
Authority: 30 U.S.C. 185(w)(3), 49 U.S.C. 5121, 60101 et seq.,
and 49 CFR 1.97.
0
4. Revise Sec. 195.50(e) to read as follows:
Sec. 195.50 Reporting Accidents.
* * * * *
(e) Estimated property damage, including cost of clean-up and
recovery and damage to the property of the operator or others--but
excluding each of the cost of lost product, the cost to acquire
permits, and the cost to remove and replace non-operator infrastructure
that was not damaged by the release--exceeding $149,700. For
adjustments for inflation observed in calendar year 2026 onwards,
changes to the reporting threshold will be posted on PHMSA's website.
These changes will be determined in accordance with the procedures in
appendix D to part 195.
0
5. In part 195, add appendix D to read as follows:
Appendix D to Part 195--Procedure for Determining Reporting Threshold
I. Property Damage Threshold Formula
Each year after calendar year 2025, the Administrator will
publish a notice on PHMSA's website announcing the updates to the
property damage threshold criterion that will take effect on July 1
of that year and will remain in effect until the June 30 of the next
year. The property damage threshold used in determining the scope of
accident reporting at Sec. 195.50(d) shall be determined in
accordance with the following formula:
[GRAPHIC] [TIFF OMITTED] TR01JY25.004
Where:
Tr is the revised damage threshold,
Tp is the previous damage threshold,
CPIr is the average Consumer Price Indices for all Urban Consumers
(CPI-U) published by the Bureau of Labor Statistics each month
during the most recent complete calendar year, and
CPIp is the CPI-U used to establish the previous property damage
criteria.
Issued in Washington, DC, on June 26, 2025, under the authority
delegated in 49 CFR 1.97.
Benjamin D. Kochman,
Acting Administrator.
[FR Doc. 2025-12113 Filed 6-27-25; 4:15 pm]
BILLING CODE 4910-60-P