[Federal Register Volume 90, Number 124 (Tuesday, July 1, 2025)]
[Rules and Regulations]
[Pages 28105-28108]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-12114]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 192 and 195
[Docket No. PHMSA-2025-0118; Amdt. Nos. 192-154, 195-116]
RIN 2137-AF79
Pipeline Safety: Integration of Innovative Remote Sensing
Technologies for Right-of-Way Patrols on Gas and 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 clarifies that PHMSA's right-of-way patrol
requirements are technology neutral, and that remote sensing
technologies, such as unmanned aerial systems and satellites, can be
used for compliance purposes.
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-2025-0118 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.
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
PHMSA requires operators to perform periodic patrols of gas
transmission and hazardous liquid pipeline rights-of-way (ROW). Section
192.705 requires operators to patrol gas transmission pipelines between
one and four times each calendar year, depending on the class location
of the pipeline and whether the pipeline is located at a highway or
railroad crossing. Similarly, Sec. 195.412 requires hazardous liquid
pipeline operators inspect the surface conditions on or adjacent to
each pipeline ROW at least 26 times each year. Both sections specify
that patrols or inspections may include walking, driving, flying, or
other appropriate means of traversing the ROW. During these
inspections, an operator patrols the ROW to identify indications of
leaks or threats to pipeline integrity, such as construction,
excavation activity, and earth movement. While these are primarily
visual inspections, PHMSA is aware of operators who integrate
additional sensing technologies, such as thermal imaging or light
detection and ranging sensors to identify leaks, earth movement, the
condition of water crossings, and other safety risks, in conducting ROW
patrols.
PHMSA has clarified in interpretation letters that unmanned
aircraft systems (UAS, commonly known as drones) and satellite
surveillance may satisfy patrol requirements, so long as they provide
current information and imaging quality comparable to traditional
aerial patrols (PI-19-0005 (Aug. 1, 2019), PI-21-0006 (Jul. 13, 2021)).
However, PHMSA has never clarified this explicitly in the regulation,
resulting in regulatory uncertainty that discourages the adoption of
cost-effective, advanced technologies. In response to a DOT request for
information on deregulation (90 FR 14593 (Apr. 3, 2025)), the American
Petroleum Institute (API) and the Liquid Energy Pipeline Association
(LEPA) recommended PHMSA ``state clearly in regulation (not just
interpretive guidance) that drone and satellite technology is eligible
for inspecting ROWs'' (Docket No. DOT-OST-2025-0026-0874 (May 5,
2025)).
To provide operators with additional regulatory certainty and
encourage the use of cost-effective, advanced technologies, this rule
revises Sec. Sec. 192.705 and 195.412 to authorize explicitly UAS,
satellite surveillance, and other technologies suitable for observing
current surface conditions in conducting ROW patrols. This amendment
will reduce potential barriers to the use of these technologies,
resulting in potential cost savings and safety and environmental
benefits. UAS and satellite surveys are often less expensive than
ground-based surveys or surveys conducted with traditional fixed-wing
or rotary-wing aircraft. A UAS or satellite patrol is also less likely
to create risks to operator personnel, particularly when compared with
patrols conducted using traditional ground-based or aerial
technologies. Finally, satellite and UAS patrols are also likely to
have lower local air quality and noise impacts when compared with
traditional methods as
[[Page 28106]]
UAS are lower in mass than traditional aircraft and often use battery-
electric propulsion.
PHMSA notes that while UAS are authorized for compliance with
pipeline ROW patrol requirements under Sec. Sec. 192.705 and 195.412,
nothing in this rule affects other regulatory obligations regarding the
commercial operation of UAS in the National Airspace System.
Commenting
Instructions: Please include the docket number PHMSA-2025-0118 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
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. PHMSA has determined that the clarification
included in this direct final rule is unlikely to elicit significant
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 and determined that
this direct final rule will result in cost savings by reducing
regulatory burdens and regulatory uncertainty for pipeline facility
operators by explicitly stating that certain cost-effective
technologies are permitted. PHMSA expects those cost savings will also
result in reduced costs for the public to whom pipeline operators
generally transfer a portion of their compliance costs. 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
Executive Order (E.O.) 12866 (``Regulatory Planning and Review''; 58 FR
51735 (Oct. 4, 1993)). 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
[[Page 28107]]
direct final rule is consistent with each of E.O. 14156 and E.O. 14154.
The direct final rule will give affected pipeline operators regulatory
certainty that cost-effective advanced technologies such as UAS and
satellites are approved compliance methods. 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; OIRA 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 regulatory
burdens and therefore certifies the direct final rule 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. This rulemaking will not create, amend, or rescind any
existing information collections.
[[Page 28108]]
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 192
Natural gas, Pipeline safety.
49 CFR Part 195
Pipeline safety.
In consideration of the foregoing, PHMSA amends 49 CFR parts 192
and 195 as follows:
PART 192--TRANSPORTATION OF NATURAL AND OTHER GAS BY PIPELINE:
MINIMUM FEDERAL SAFETY STANDARDS
0
1. The authority citation for 49 CFR 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. Revise Sec. 192.705(c) to read as follows
Sec. 192.705 Transmission lines: Patrolling.
* * * * *
(c) Methods of patrolling include walking, driving, flying via
manned or unmanned aerial systems, imaging via satellite, or other
means suitable for observing current surface conditions.
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. 195.412(a) to read as follows
Sec. 195.412 Inspection of rights-of-way and crossings under
navigable waters.
(a) Each operator shall, at intervals not exceeding 3 weeks, but at
least 26 times each calendar year, inspect the surface conditions on or
adjacent to each pipeline right-of-way. Methods of inspection include
walking, driving, flying via manned or unmanned aerial systems, imaging
via satellite, or other means suitable for observing current surface
conditions.
* * * * *
Issued in Washington, DC, on June 26, 2025, under the authority
delegated in 49 CFR 1.97.
Benjamin D. Kochman,
Acting Administrator.
[FR Doc. 2025-12114 Filed 6-27-25; 4:15 pm]
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