RegulusPipeline research91 FR 31979
Passage 1[Federal Register Volume 91, Number 103 (Friday, May 29, 2026)] [Rules and Regulations] [Pages 31979-31981] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2026-10782] ======================================================================= ----------------------------------------------------------------------- Pipeline and Hazardous Materials Safety Administration [Docket No. PHMSA-2017-0151] RIN 2137-AF29 Pipeline Safety: Class Location Change Requirements; Correction AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), Department of Transportation (DOT). ----------------------------------------------------------------------- SUMMARY: PHMSA is making a technical correction to a January 14, 2026 final rule that amended the class location change requirements. The final rule allows an operator to confirm or to restore the maximum allowable operating pressure (MAOP) of an eligible gas transmission pipeline segment that experiences a class location change by implementing an integrity management (IM) alternative. For MAOP restorations, PHMSA is clarifying in this correction notice that the 24-month deadline for implementing the initial programmatic requirements of the IM alternative runs from the effective date of the final rule or the date that an operator decides to initiate an MAOP restoration, whichever is later. This clarification is consistent with the requirements in the final rule, including the deadline in the IM alternative that applies to MAOP confirmations, which runs from the effective date of the final rule or the date of the class location change, whichever is later. DATES: This rule is effective May 29, 2026. FOR FURTHER INFORMATION CONTACT: Matthew Bottini, Inspection Development and Support Division, at 816-663-1361 or [email protected].#
Passage 2On January 14, 2026, PHMSA issued a final rule amending the class location change requirements in 49 CFR 192.611.\1\ The final rule allows operators to confirm the maximum allowable operating pressure (MAOP) of an eligible gas transmission segment that experiences a class location change by implementing an integrity management (IM) alternative. The final rule prescribes a 24-month deadline for completing the compliance activities necessary to use the IM alternative. That 24-month deadline runs from the date of the class location change or an initial compliance window from the effective date of the final rule, i.e., March 16, 2026, whichever is later. The 24- month deadline is also referenced in other provisions in the IM alternative that determine the extent of an operator's compliance obligations. --------------------------------------------------------------------------- \1\ Pipeline Safety: Class Location Change Requirements, 91 FR 1608 (Jan. 14, 2026). --------------------------------------------------------------------------- As relevant here, the final rule also allows operators to use the IM alternative to restore the MAOP of eligible segments that previously experienced class location changes. Before implementing an MAOP restoration, an operator must comply with the uprating requirements in subpart K and the integrity management requirements in subpart O, and complete initial programmatic activities required by the IM alternative. See Sec. 192.611(d)(1)-(3). As with MAOP confirmations, an operator must also implement certain ongoing compliance activities to use the IM alternative to maintain a restored MAOP. The final rule did not prescribe a specific deadline for satisfying the initial programmatic requirements in the IM alternative under Sec. 192.611(a)(4)(i) for MAOP restorations; however, PHMSA made clear in the preamble and final regulatory impact analysis that the same deadlines apply to all uses of the IM alternative.\2\ In other words, PHMSA intended the 24-month deadline in the IM alternative to run from either of the following dates, whichever is later: (1) the effective date of the final rule or (2) the date of the action that requires the operator to confirm or to restore the MAOP of an eligible segment under Sec. 192.611. ---------------------------------------------------------------------------#
Passage 3\2\ See PHMSA, Class Location Change Requirements: Regulatory Impact Analysis, Docket ID No. PHMSA-2017-0151-0083, at 46 (Jan. 2026) (``This [rule] enables eligible Class 3 segments that have first employed the pressure reduction confirmation option to select the IM alternative and restore their pressure using procedures in amended Sec. 192.611(d) . . . and some portion may restore and use the IM alternative later in the [20-year] analysis period.''); 91 FR at 1635 (``[T]he methods traditionally authorized for confirming or revising the MAOP of class change segments--MAOP reductions, pressure testing, and pipe replacement--do not account for modern risk management principles and impose unnecessary burdens on the regulated community and consumers. The MAOP restoration requirements in the final rule provide a safe, efficient, and practicable approach for eliminating those burdens and increasing pipeline capacity.''). --------------------------------------------------------------------------- To avoid any potential ambiguity in applying the IM alternative to restorations, PHMSA is amending Sec. 192.611(d) to clarify that the 24-month deadline to complete the initial programmatic requirements in Sec. 192.611(a)(4)(i) and begin the ongoing programmatic requirements in Sec. 192.611(a)(4)(ii) runs from the date that an operator decides to initiate an MAOP restoration. Because that action can occur any time after an MAOP reduction under Sec. 192.611(a)(1)-(2), the date of the decision to initiate an MAOP restoration functions as the date of the class location change for purposes of the IM alternative, providing an operator with a 24-month window to complete initial programmatic requirements of Sec. 192.611(a)(4)(i). This ensures that the (a)(4)(i) requirements are completed close in time to the actual restoration and are thus not out-of-date. Accordingly, PHMSA is amending Sec. 192.611(d) to clarify that an operator must use that date in implementing the requirements in the IM alternative.#
Passage 4PHMSA is authorized to administer the Federal Pipeline Safety Laws (49 U.S.C. 60101 et seq.) pursuant to a delegation of authority from the Secretary of Transportation. 49 CFR 1.97. Section 60102 authorizes PHMSA to prescribe minimum safety standards for the design, installation, inspection, emergency plans and procedures, testing, construction, extension, operation, replacement, and maintenance of gas transmission pipeline facilities. PHMSA has good cause to issue this correction without notice and comment pursuant to Section 553(b)(B) of the Administrative Procedure Act because this technical correction aligns the regulatory text with the intent of the final rule, notice and public comment are unnecessary. Further delaying this clarification would hinder the public interest in clear regulations. The Administrative Procedure Act also generally requires that an agency publish a rule in the Federal Register 30 days before it becomes effective, 5 U.S.C. 553(d), a requirement that does not apply if the agency finds good cause for making the rule effective sooner. For the same reasons, PHMSA finds good cause to make the rules effective on May 29, 2026. B. Regulatory Planning and Review: Executive Order 12866 and DOT Order 2100.6B This technical correction has been evaluated in accordance with existing policies and procedures and is considered not significant under Executive Order (E.O.) 12866 (Regulatory Planning and Review; 58 FR 51735 (Oct. 4, 1993)) and 49 CFR part 5, subpart B. While the January 2026 final rule was reviewed as a significant rule under E.O. 12866, this technical correction is consistent with the final rule and does not impose additional incremental compliance costs or adversely affect safety. C. Energy-Related Executive Orders 13211, 14154, and 14156 PHMSA has prepared this technical correction consistent with E.O. 14156 (Declaring a National Energy Emergency; 90 FR 8353 (Jan. 29, 2025)) and E.O. 14154 (Unleashing American Energy; 90 FR 8353 (Jan. 29, 2025)). PHMSA determined that the January 2026 final rule was 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)), and neither is this technical correction that is consistent with it.#
Passage 5The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires Federal agencies to consider the impact of their rules on small entities, to analyze alternatives that minimize those impacts, and to make their analyses available for public comment. PHMSA completed an interim and final regulatory flexibility analysis in the January 2026 final rule, analysis that this technical correction does not alter. As a regulatory flexibility analysis is required of a rulemaking subject to notice-and comment, 5 U.S.C. 604(a), and, as PHMSA has ``good cause'' under the Administrative Procedure Act to issue this technical correction without prior notice-and-comment, no additional regulatory flexibility analysis is necessary.\3\ --------------------------------------------------------------------------- \3\ Small Business Administration, A Guide for Government Agencies: How to Comply with the Regulatory Flexibility Act, 55 (2017) (``If an NPRM is not required, the RFA does not apply.''). --------------------------------------------------------------------------- E. Unfunded Mandates Reform Act of 1995 (UMRA) PHMSA analyzed the UMRA (2 U.S.C. 1501 et seq.) in the January 2026 final rule and this technical correction has no substantial effect on that analysis, as it will not impose any additional incremental compliance cost. This technical correction will not impose any enforceable duty on State, local, or Tribal governments, nor on the private sector of $100 million or more, adjusted for inflation, in any given year. This technical correction imposes no new or revised information collection requirements beyond those discussed in the January 2026 final rule. The technical correction has no effect on PHMSA's analysis under the National Environmental Policy Act (NEPA, 42 U.S.C. 4321 et seq.) of the January 2026 final rule that is contained in the environmental analysis available in the rulemaking docket.#
Passage 6PHMSA analyzed this notice in accordance with the principles and criteria in E.O. 13132 (Federalism; 64 FR 43255 (Aug. 10, 1999)) and the Presidential Memorandum (Preemption; 74 FR 24693 (May 22, 2009)). PHMSA determined that the January 2026 final rule did not impose any substantial direct effect on the States, the relationship between the National Government and the States, or the distribution of power and responsibilities among the various levels of government, and nor does this technical correction that is consistent with that final rule. Therefore, the consultation and funding requirements of E.O. 13132 do not apply. PHMSA analyzed this notice 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 Policies and Procedures). Because nothing in this technical correction has Tribal implications or imposes substantial direct compliance costs on Indian Tribal governments, the funding and consultation requirements of E.O. 13175 and DOT Order 5301.1A do not apply. J. Executive Order 13609 and International Trade Analysis The technical correction does not impact international trade, though PHMSA evaluated E.O. 13609 (Promoting International Regulatory Cooperation; 77 FR 26413 (May 4, 2012)), which requires agencies to consider whether significant variations between domestic and international regulatory approaches are unnecessary or may impair the ability of American business to export and compete internationally, and the Trade Agreements Act of 1979 (Pub. L. 96-39, as amended by Pub. L. 103-465), which prohibits Federal agencies from establishing any standards or engaging in related activities that create unnecessary obstacles to the foreign commerce of the United States. K. Cybersecurity and Executive Order 14028 E.O. 14028 (Improving the Nation's Cybersecurity; 86 FR 26633 (May 17, 2021)) directs the Federal Government to improve its efforts to identify, deter, and respond to ``persistent and increasingly sophisticated malicious cyber campaigns.'' PHMSA considered the cybersecurity effects of the January 2026 final rule, and this technical correction has no effect on that analysis.#
Passage 7Natural gas, Pipeline safety, Pipelines. In consideration of the foregoing, PHMSA amends 49 CFR part 192 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. 192.611 by revising the introductory text of paragraph (d) to read as follows: Sec. 192.611 Change in class location: Confirmation or revision of maximum allowable operating pressure. * * * * * (d) Confirmation or revision of maximum allowable operating pressure required as a result of a study under Sec. 192.609 must be completed within 24 months of the change in class location. Pressure reduction under paragraph (a)(1) or (2) of this section within the 24-month period does not preclude establishing the maximum allowable operating pressure of a segment under paragraph (a)(3) of this section or restoring the maximum allowable operating pressure of a segment under paragraph (a)(4) of this section at a later date, provided the date of the decision to restore the maximum allowable operating pressure is treated as the date of the class location change. Before restoring the maximum allowable operating pressure of an eligible Class 3 segment pursuant to paragraph (a)(4) of this section, an operator must: * * * * * Issued in Washington, DC on May 27, 2026, under authority delegated in 49 CFR 1.97. Linda Daugherty, Acting Associate Administrator for Pipeline Safety. [FR Doc. 2026-10782 Filed 5-28-26; 8:45 am] BILLING CODE 4910-60-P#
This material provides agency context. It does not replace binding regulatory text, and its legal effect depends on the underlying authority and facts.