[Federal Register Volume 91, Number 79 (Friday, April 24, 2026)]
[Rules and Regulations]
[Pages 21984-21986]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-08058]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Part 192
[Docket No. PHMSA-2011-0023; Amdt. Nos. 191-26; 192-125]
RIN 2137-AE72
Pipeline Safety: Safety of Gas Transmission Pipelines: MAOP
Reconfirmation, Expansion of Assessment Requirements, and Other Related
Amendments; Correction
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
Department of Transportation (DOT).
ACTION: Final rule; correcting amendment.
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SUMMARY: This final rule makes a correction to the requirements for
reconfirming the maximum allowable operating pressure of gas
transmission lines.
DATES: This rule is effective on August 3, 2026.
FOR FURTHER INFORMATION CONTACT: Angela Hill, Transportation
Specialist, 1200 New Jersey Avenue SE, Washington, DC 20590, 202-680-
2034, [email protected].
SUPPLEMENTARY INFORMATION: PHMSA is issuing a correction to 49 CFR 192,
including Sec. 192.624, which establishes requirements for
reconfirming the maximum allowable operating pressure (MAOP) of gas
transmission lines and was amended by a final rule published in the
Federal Register on October 1, 2019 (84 FR 52180).
Operators of onshore steel transmission pipelines electing to use
an alternative technical evaluation process to establish MAOP must
adhere to the criteria set forth in Sec. 192.624(c)(6). The existing
list of criteria in Sec. 192.624(c)(6) is numbered incorrectly and
includes a duplicate Sec. 192.624(c)(6)(vii). PHMSA is revising Sec.
192.624 to replace the duplicate paragraph (c)(6)(vii) with paragraph
(c)(6)(viii). This typographical correction will remove regulatory
uncertainty relating to Sec. 192.624(c)(6).
Regulatory Analyses and Notices
A. Legal Authority
This 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 good cause under 5 U.S.C. 553(b)(B) to issue
this final rule without prior notice and comment. PHMSA is simply
correcting a typographical error in Sec. 192.624(c)(6)(vii). PHMSA
finds that notice and comment is unnecessary because this amendment is
editorial in nature and does not impose any new requirements.
B. Executive Order 12866
E.O. 12866, Regulatory Planning and Review, as implemented by DOT
Order 2100.6B (``Policies and Procedures for Rulemaking'') and DOT
Order 2100.7 (``Ensuring Reliance upon Sound Economic Analysis in
Department of Transportation Policies, Programs, and Activities''),
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.'' 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. DOT Order 2100.6B also specifies that
regulations should generally ``not be issued unless their benefits are
expected to exceed their costs'' except where required by law or
compelling safety need. DOT Order 2100.7 requires that ``all rulemaking
activities shall be based on sound economic principles and analysis
supported by rigorous cost-benefit requirement.''
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
final rule is a not significant regulatory action pursuant to E.O.
12866; OMB 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
[[Page 21985]]
Order 2100.6B and DOT Order 2100.7. This final rule does not impose new
burdens, as the changes made therein are non-substantive and do not
impose new requirements in the Federal Pipeline Safety Regulations.
Similarly, the final rule does not have any adverse effects on safety.
C. Executive Orders 14192 and 14219
This final rule is considered a deregulatory action pursuant to
E.O. 14192, Unleashing Prosperity Through Deregulation. PHMSA estimates
that the total costs of the rule on the regulated community will be de
minimis. The non-substantive changes of this rulemaking do not impose
any new requirements on pipeline operators and should improve the
clarity and compliance with the Federal Pipeline Safety Regulations.
Nor does this rule 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.''
D. Energy-Related Executive Orders 13211, 14154, and 14156
The President has declared in E.O. 14156, Declaring a National
Energy Emergency, a National emergency to address America's inadequate
energy development production, transportation, refining, and generation
capacity. Similarly, E.O. 14154, Unleashing American Energy, 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 gases and
hazardous liquids. PHMSA finds this final rule is consistent with each
of E.O. 14156 and E.O. 14154. The final rule will correct a
typographical numbering error in the second 49 CFR 192.624(c)(6)(vii).
The provisions of this final rule are non-substantive and will not
impose new requirements on pipeline operators; they are intended to
promote the ease of operators complying with the existing regulations.
This final rule is not a ``significant energy action'' under E.O.
13211, Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use, which requires Federal agencies to
prepare a Statement of Energy Effects for any ``significant energy
action.'' Because this 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.
E. Executive Order 13132: Federalism
PHMSA analyzed this final rule in accordance with the principles
and criteria contained in E.O. 13132, Federalism, and the Presidential
Memorandum (``Preemption'') published in the Federal Register on May
22, 2009. E.O. 13132 requires agencies to assure 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 final rule may operate to preempt some State
requirements, it would 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 the Federal Pipeline Safety Laws prohibits certain State
safety regulation of interstate pipelines. Under the 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
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 (RFA, 5 U.S.C. 601 et seq.) requires
Federal agencies to conduct a Final Regulatory Flexibility Analysis
(FRFA) for a final rule subject to notice-and-comment rulemaking,
unless the agency certifies that the rule will not have a significant
economic impact on a substantial number of small entities. The RFA
applies only to rules for which an agency is required to first publish
a proposed rule (see 5 U.S.C. 603(a) and 604(a)). PHMSA is not required
to publish a notice of proposed rulemaking for this final rule, so the
RFA does not apply. However, PHMSA expects no affected operators will
face significant costs from the regulatory amendments introduced here,
as they are editorial in nature.
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 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 ($203 million in
2024) 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 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
PHMSA has analyzed this rule pursuant to the National Environmental
Policy Act (NEPA, 42 U.S.C. 4321 et seq.) and has determined it is
categorically excluded under 23 CFR 771.117(c)(20), which applies to
the promulgation of rules, regulations, and directives. Under section 9
of DOT Order 5610.1D (``DOT's Procedures for Considering Environmental
Impacts''), PHMSA may apply a categorical exclusion established in
another Operating Administration's procedures. PHMSA followed the
requirements outlined in DOT Order 5610.1D to apply a categorical
exclusion issued by the Federal Highway Administration (FHWA) to this
deregulatory action. PHMSA does not anticipate any adverse
environmental impacts from this rule, and PHMSA has determined no
unusual circumstances are present under 23 CFR 771.117(b). PHMSA's
Categorical Exclusion Determination memo for this action is available
on PHMSA's website.\1\
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\1\ PHMSA, Implementing Procedures, https://www.phmsa.dot.gov/planning-and-analytics/environmental-analysis-and-compliance/implementing-procedures.
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I. Executive Order 13175
PHMSA analyzed this final rule according to the principles and
criteria in E.O. 13175, Consultation and Coordination with Indian
Tribal Governments, and DOT Order 5301.1A (``Department of
Transportation Tribal Consultation Policies and Procedures'').
[[Page 21986]]
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 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 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.
K. Executive Order 13609 and International Trade Analysis
E.O. 13609, Promoting International Regulatory Cooperation,
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 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, directs 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 final rule and has
determined that its regulatory amendments will not materially affect
the cybersecurity risk profile for pipeline facilities.
List of Subjects in 49 CFR Part 192
Natural gas, Pipeline safety.
Accordingly, 49 CFR part 192 is corrected by making the following
correcting amendment:
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. 192.624 by redesignating the second paragraph
(c)(6)(vii) as paragraph (c)(6)(viii).
Issued in Washington, DC, on April 22, 2026, under the authority
delegated in 49 CFR 1.97.
Paul J. Roberti,
Administrator.
[FR Doc. 2026-08058 Filed 4-23-26; 8:45 am]
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