[Federal Register Volume 91, Number 79 (Friday, April 24, 2026)]
[Proposed Rules]
[Pages 22096-22100]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-08079]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 191 and 195
[Docket No. PHMSA-2025-0109]
RIN 2137-AF78
Pipeline Safety: Property Damage Definition for Reporting
Incidents on Gas Pipelines and Accidents on Hazardous Liquid and Carbon
Dioxide Pipelines
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
Department of Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: PHMSA proposes to revise the definition of property damage for
determining when a release from a gas, hazardous liquid, or carbon
dioxide pipeline facility meets the definition of a reportable incident
or accident, including for immediate notifications to the National
Response Center. This NPRM addresses comments received in response to a
now-withdrawn direct final rule covering the same topic.
DATES: Comments must be received on or before June 23, 2026.
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.
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
On July 1, 2025, PHMSA published a direct final rule (DFR)
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) to exclude
certain indirect costs associated with accessing the facility to
perform repairs (90 FR 28050 (July 1, 2025)). The DFR would have also
adopted for hazardous liquid and carbon dioxide 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. PHMSA received four comments from the
public in response to the DFR, including adverse comments as defined in
49 CFR 190.339(b). PHMSA therefore withdrew the DFR in accordance with
the Agency's DFR procedures in Sec. 190.339. For the reasons described
in the DFR and this NPRM, PHMSA reproposes the amendments in the DFR
with revisions to address public comments.
The American Petroleum Institute, the Liquid Energy Pipeline
Association, and Enbridge submitted comments noting that the DFR
creates a misalignment between the property damage criterion for
submitting 30-day reports of accidents under Sec. 195.50 and the
immediate notifications to the National Response Center (NRC) under
Sec. 195.52.1 2 In comparison, the requirements for NRC
notifications for gas pipeline incidents in Sec. 191.5 cross-reference
the incident definition in Sec. 191.3 and, therefore, the criteria
remain aligned. Enbridge also recommended an editorial correction to a
cross-reference in Appendix D to Part 195. PHMSA notes that the
omission of updates for the NRC reporting criteria in Sec. 195.52 was
not intended.
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\1\ American Petroleum Institute and Liquid Energy Pipeline
Association, ``Comment on Pipeline Safety: Property Damage
Definition for Incident Reporting on Gas Pipelines and Accidents on
Hazardous Liquid Pipelines'' at 2 (Sep. 2, 2025), https://www.regulations.gov/comment/PHMSA-2025-0109-0004.
\2\ Enbridge, ``Comment on Pipeline Safety: Property Damage
Definition for Incident Reporting on Gas Pipelines and Accidents on
Hazardous Liquid Pipelines'' at 1 (July 25, 2025), https://www.regulations.gov/comment/PHMSA-2025-0109-0002.
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The Pipeline Safety Trust (PST) and the Environmental Defense Fund
(EDF) submitted comments objecting to the DFR on procedural
grounds.3 4 These commenters also raised concern that the
revised property damage threshold for reporting accidents and other
clarifications to the property damage definition would reduce the
amount of safety data available to the public and to PHMSA. PST
commented that it was unclear whether the DFR applied to carbon dioxide
pipelines and raised concerns that that the accident criteria already
filter out ``many large and potentially dangerous safety-related
[[Page 22097]]
events.'' Both PST and EDF commented that reducing the number of
accident reports submitted to PHMSA reduces the value of the database,
particularly for trend analysis, and undermines Federal and public
oversight.
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\3\ Pipeline Safety Trust, ``Comment on Pipeline Safety:
Property Damage Definition for Incident Reporting on Gas Pipelines
and Accidents on Hazardous Liquid Pipelines'' (Sept. 2, 2025),
https://www.regulations.gov/comment/PHMSA-2025-0109-0003.
\4\ Environmental Defense Fund, ``Comment on Pipeline Safety:
Property Damage Definition for Incident Reporting on Gas Pipelines
and Accidents on Hazardous Liquid Pipelines'' (Sept. 2, 2025),
https://www.regulations.gov/comment/PHMSA-2025-0109-0005.
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PHMSA is addressing procedural concerns raised by public comments
by publishing this NPRM with a risk assessment (preliminary regulatory
impact analysis (PRIA)). PHMSA also emphasizes that accident report and
immediate notice requirements in Sec. Sec. 195.50 and 195.52, and
therefore any revisions to those requirements, apply to both hazardous
liquid and carbon dioxide pipelines. PHMSA maintains that, under the
proposed accident definition, consequential releases remain reportable.
The other criteria for fire or explosion, a release of five gallons or
more (or five barrels (210 gallons) for certain contained releases),
and injury resulting in death or hospitalization remain reportable
regardless of a change in the property damage definition. Accidents
with between $50,000 and $149,700 of property damage that do not meet
the other criteria are definitionally the least-consequential releases
reported to PHMSA and would likely not have been reported when the
accident definition was put into place. Incidents and accidents where
the sole consequences are temporary removal of pavement, permit
acquisition, and repair costs are even less significant and likely do
not warrant the urgent, detailed reporting required for incident and
annual reports.
In addition, PHMSA disagrees with the comments it received that
revising the property damage definition upsets trend analysis. In fact,
a static property damage criteria results in the incident or accident
definition changing over time in inflation-adjusted terms; PHMSA has
historically accounted for this fact in trend analysis of ``significant
incidents'' that filter out incidents and accidents with less than
$50,000 in costs in 1984 dollars.\5\ Finally, regarding the cost of
lost product in hazardous liquid and carbon dioxide pipeline accident
reports, operators are required to report estimated release volumes.
The total cost of lost product can be derived from this information
using current or historical price information from sources such as the
U.S. Energy Information Administration. Requiring this information from
the operator is not necessary.
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\5\ PHMSA, Pipeline Incident 20 Year Trends (Aug. 27, 2025),
https://www.phmsa.dot.gov/data-and-statistics/pipeline/pipeline-incident-20-year-trends.
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For the reasons described above and set forth in the DFR, PHMSA
reproposes the amendments it proposed in the DFR with revisions to
ensure the property damage criterion for NRC reporting in Sec. 195.52
are consistent with accident reporting requirements in Sec. 195.50.
This proposal is consistent with historical practice and avoids
unnecessarily complicated reporting procedures. As an alternative,
PHMSA requests comment on replacing the immediate notice criteria in
Sec. 195.52(a)(1) through (a)(3) and (a)(4) with a cross-reference to
the accident criteria in Sec. 195.50. PHMSA proposes to retain the
water pollution criteria for NRC reporting because it supports the
implementation of oil spill response plan requirements in Part 194. The
NPRM also proposes editorial amendments to Appendix D to Part 195 to
correct the cross-reference to Sec. 195.50(e) and to include the
cross-reference to the amended Sec. 195.52(a)(3). The proposals to
adopt inflation-adjusted incident and accident definitions in parts 191
and 195 are otherwise unchanged.
This NPRM also includes the proposal to address 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,'' described in the DFR. Specifically, PHMSA proposes to revise
the definitions of the terms incident and accident to clarify that the
costs associated with obtaining permits and removing or replacing
infrastructure undamaged by an event (e.g., the cost to temporarily
remove pavement needed for access and repair activity) do not need to
be included when calculating the property damage reporting threshold.
Though operators would still report indirect impacts as consequences on
the incident and accident report forms, those impacts do not determine
if an event is reportable.
Finally, PHMSA proposes to revise the property damage criterion for
gas pipelines to $149,700 in both Sec. 191.3 and Appendix A to Part
191 to align it with the proposed criterion for hazardous liquid
pipelines. This property damage criterion value is currently published
on PHMSA's website and proposing to republish it in the regulations has
no substantive effect other than making it clearer that the property
damage criteria in parts 191 and 195 are the same.
PHMSA, in a parallel action titled ``Pipeline Safety: Adjustment to
OPID Notifications for Construction,'' is proposing to adopt a similar
inflation adjustment procedure to construction notifications based on
year-on-year change in the Producer Price Index (PPI) for construction
materials.\6\ PHMSA repeats the proposed Appendix D language in both
NPRMs.\7\
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\6\ Federal Reserve Bank of St. Louis, Producer Price Index by
Commodity: Special Indexes: Construction Materials (last accessed
Jan. 23, 2026), available at: https://fred.stlouisfed.org/series/WPUSI012011.
\7\ See Docket No. PHMSA-2026-1551, RIN 2137-AG55 (proposing
inflation adjustment of the construction notification requirements
in subpart B to part 195).
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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 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 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
[[Page 22098]]
CBI. Submissions containing CBI should be sent to Sayler Palabrica,
Office of Pipeline Safety Standards and Rulemaking Division, 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 proposed 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.
B. Statutory Requirement and Executive Order 12866
The Federal Pipeline Safety Laws (49 U.S.C. 60102(b)) require that
PHMSA prepare a risk assessment that identifies the costs and benefits
associated with a proposed regulatory change. 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.'' 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
proposed 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 Order 2100.6B and DOT Order 2100.7,
as well as the requirements in 49 U.S.C. 60102(b) and preliminarily
determined that this NPRM will result in some cost savings by reducing
regulatory burdens associated with submitting urgent, detailed reports
of low-consequence releases from hazardous liquid and carbon dioxide
pipelines. Based on historical incident data, PHMSA estimates that
approximately five incidents per year would meet the current reporting
requirements but not the proposed requirements, out of an average of
over 370 incidents per year. The accompanying PRIA provides detailed
estimates of the cost savings to operators from the reduced reporting
burden. PHMSA estimates that the changes in the proposed rule would
result in cost savings of $5,235 annually. PHMSA expects these cost
savings may also result in reduced costs for the public to whom
pipeline operators generally transfer a portion of their compliance
costs. PHMSA has also preliminarily determined that the NPRM will not
have any adverse safety and environmental effects since the average
release of those incidents that would have been exempted was less than
four gallons.
C. Executive Orders 14192 and 14219
This proposed rule, if finalized as proposed, is expected to be a
deregulatory action pursuant to E.O. 14192, Unleashing Prosperity
Through Deregulation. PHMSA estimates that the total costs of the NPRM
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.''
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 preliminarily finds this NPRM is consistent
with each of E.O. 14156 and E.O. 14154. The NPRM will give affected
pipeline operators relief from submitting detailed reports for
relatively minor releases.
However, this NPRM 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 NPRM 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
NPRM as a significant energy action.
E. Executive Order 13132: Federalism
PHMSA analyzed this NPRM 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.''
Though the NPRM may (when finalized) operate to preempt some State
requirements, it would not impose any regulation that has substantial
direct effects on the States, the relationship
[[Page 22099]]
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 NPRM 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 an Initial Regulatory Flexibility Analysis
(IRFA) for a NPRM subject to notice-and-comment rulemaking unless the
agency head certifies that the NPRM 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, obliges agencies to establish procedures promoting
compliance with the RFA. DOT posts its implementing guidance on a
dedicated web page.\8\
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\8\ DOT, Rulemaking Requirements Concerning Small Entities,
https://www.transportation.gov/regulations/rulemaking-requirements-concerning-small-entities.
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This NPRM was developed in accordance with E.O. 13272 and DOT
implementing guidance to ensure compliance with the RFA. The NPRM is
expected to reduce regulatory burdens by raising the monetary threshold
for incidents to qualify as reportable, and by clarifying which costs
contribute to that threshold for operators who would otherwise be
unaware. Further, the changes proposed here are not expected to impose
additional burdens on any operator. Therefore, PHMSA certifies this
proposed rule (if finalized) 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 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 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 NPRM does not impose unfunded mandates under UMRA. PHMSA does
not expect the NPRM will 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 NPRM in accordance with NEPA and issues this
draft Finding of No Significant Impact (FONSI). PHMSA maintains that
under the proposed accident definition, consequential releases remain
reportable. The other criteria for fire or explosion, release of five
gallons or more (or five barrels (210 gallons) for certain contained
releases), and injury resulting in death or hospitalization remain
reportable regardless of a change in the property damage definition. In
addition, because changing the reportability threshold does not change
the way operators respond to incidents, the environmental impacts do
not change. Therefore, PHMSA has preliminarily determined that the
rulemaking will not adversely affect safety and will not significantly
affect the quality of the human and natural environment. The public is
invited to comment on the impact of the proposed action.
I. Executive Order 13175
PHMSA analyzed this NPRM 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''). 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 NPRM 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 NPRM 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 NPRM. The information
collection is contained in the Federal Pipeline Safety Regulations. 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 five fewer hazardous liquid accident reports per year.
Therefore, PHMSA expects to eliminate five responses and 60 hours from
this information collection per year as a result of the provisions in
the rule.
Affected Public: All hazardous liquid pipeline operators.
[[Page 22100]]
Annual Reporting and Recordkeeping Burden:
Total Annual Responses: 1,641 (1,646-5).
Total Annual Burden Hours: 53,717 (53,777-60).
Frequency of Collection: On Occasion.
K. Executive Order 13609 and International Trade Analysis
E.O. 13609, Promoting International Regulatory Cooperation,
requires agencies to 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 NPRM 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 NPRM and has
determined that its regulatory amendments would 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 proposes to amend 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. Revise Sec. 195.52(a)(3) to read as follows:
Sec. 195.52 Immediate notice of certain accidents.
(a) * * *
(3) Caused estimated property damage meeting the criteria in Sec.
195.50(e).
* * * * *
0
6. In Part 195, add Appendix D to read as follows:
Appendix D to Part 195--Procedure for Determining Reporting Threshold
Each year after calendar year 2026, the Administrator will
publish a notice on PHMSA's website announcing the updates to
property damage threshold criteria for accident reporting, National
Response Center (NRC) notification, and construction notifications
that will take effect on July 1 of that year and will remain in
effect until June 30 of the next year. The reporting threshold used
in this Part shall be determined in accordance with the following
formula:
[GRAPHIC] [TIFF OMITTED] TP24AP26.091
Where:
Tr is the revised reporting threshold,
Tp is the previous reporting threshold,
PIr is the average price index published by the Bureau of
Labor Statistics each month during the most recent complete calendar
year. PHMSA will use the Consumer Price Indices for all Urban
Consumers for accident reporting and NRC notifications and the
Producer Price Index for construction materials for OPID
construction notifications.
PIp is the average price index for the calendar year used
to establish the previous property damage criteria for accident
reporting, NRC notification, or construction notification, as
appropriate.
Issued in Washington, DC, on April 22, 2026, under the authority
delegated in 49 CFR 1.97.
Paul J. Roberti,
Administrator.
[FR Doc. 2026-08079 Filed 4-23-26; 8:45 am]
BILLING CODE 4910-60-P