Rulemakinghistorical
91 FR 48305
Pipeline Safety: Standards Update-NACE SP0502
Current as of 2027-01-01 Government source
Pipeline and Hazardous Materials Safety AdministrationOfficial agency material
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Passage 1[Federal Register Volume 91, Number 146 (Friday, July 31, 2026)] [Rules and Regulations] [Page 48305] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2026-15573] ----------------------------------------------------------------------- Pipeline and Hazardous Materials Safety Administration [Docket No. PHMSA-2026-1533] RIN 2137-AG37 Pipeline Safety: Standards Update--NACE SP0502 AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), Department of Transportation (DOT). ACTION: Direct final rule (DFR); confirmation of effective date. ----------------------------------------------------------------------- SUMMARY: PHMSA is confirming the effective date for the DFR titled ``Pipeline Safety: Standards Update--NACE SP0502,'' which published in the Federal Register on April 24, 2026. The DFR incorporates by reference into 49 CFR parts 192 and 195 the updated edition of industry standard NACE SP0502, Pipeline External Corrosion Direct Assessment Methodology. DATES: The effective date of the DFR is January 1, 2027. FOR FURTHER INFORMATION CONTACT: Brianna Wilson, Transportation Specialist, by phone at 771-215-0969 or by email at [email protected].#
Passage 2SUPPLEMENTARY INFORMATION: On April 24, 2026, PHMSA published a DFR titled ``Pipeline Safety: Standards Update--NACE SP0502'' (91 FR 22025). The DFR amended parts 192 and 195 to incorporate by reference the 2025 edition of NACE SP0502, Pipeline External Corrosion Direct Assessment Methodology (NACE SP0502). Reference to the 2025 edition of NACE SP0502 will replace existing references in Sec. Sec. 192.319(f); 192.461(h); 192.620(d); 192.923(b); 192.925(b); 192.931(d); 192.935(b); 192.939(a); and Sec. 195.588(b) to ANSI/NACE SP0502-2010, ``Pipeline External Corrosion Direct Assessment Methodology,'' revised June 24, 2010. In commenting on the DFR, the Pipeline Safety Trust (PST) noted that the 2025 edition of NACE SP0502 was not available at the website identified by PHMSA in the Notice, and that the PHMSA standards library email was not explicitly listed in this DFR as in other similar rules.\1\ While expressing its support for adopting the 2025 edition of NACE SP0502, PST stated that it ``believe[d] that [its] comment constitute[d] an adverse comment,'' and that the DFR should be withdrawn. --------------------------------------------------------------------------- \1\ PST, Comment, Docket ID PHMSA-2026-1533-0002 (June 23, 2026). ---------------------------------------------------------------------------#
Passage 3PHMSA does not agree that PST's comment satisfies the adversity standard in Sec. 190.339(c). Section 190.339(c) states, in relevant part, that ``an adverse comment is one which explains why the rule would be inappropriate, including a challenge to the rule's underlying premise or approach, or would be ineffective or unacceptable without a change.'' Section 190.339(c) further states that ``[c]omments that are frivolous or insubstantial will not be considered adverse under this procedure.'' PST has not shown that anyone suffered real harm from the incorrect website link published in the DFR Notice.\2\ The DFR provided multiple options for interested parties to obtain access to the 2025 edition of NACE SP0502 consistent with 49 U.S.C. 60102(p). For example, the DFR directed interested parties to the PHMSA Standards Incorporated by Reference web page that details the means for obtaining industry standards proposed for incorporation, including by emailing PHMSA at [email protected]. PST submitted such an email and received the correct public website link to access the standard free of charge during the comment period. Other members of the public could have used the same approach to obtain access to the 2025 edition of NACE SP0502.\3\ Section 192.7, a regulation referenced in the DFR, also provides PHMSA's contact information for requesting certain industry standards, and PHMSA's standard update library is a generally accessible public email account. The DFR informed interested parties that the materials can be obtained by directly contacting the publisher at the contact information listed in Sec. 192.7. ---------------------------------------------------------------------------#
Passage 4\2\ NACE SP0206 copyrighted by the Association for Materials Protection and Performance (AMPP), and the correct page for viewing the IBR standard is https://ibr.ansi.org/Standards/ampp.aspx. \3\ See PST, Comments, Docket ID PHMSA-2026-1533-0002, at 1-2. Though PST asserts that the DFR did not provide the standards library email address in the same manner PHMSA provided it in other similar rulemaking actions, the email address is explicitly listed on the information page provided in the DFR, https://www.phmsa.dot.gov/standards-rulemaking/pipeline/standards-incorporated-reference. PHMSA responds within 5 business days to requests for accessing standards incorporated by reference or proposed for incorporation. --------------------------------------------------------------------------- The DFR outlined numerous ways for interested parties to access the 2025 edition of NACE SP0502, and PST used one of those methods to access the standard during the public comment period. PST has not shown that the incorrect website listed in the DFR Notice caused it (or anyone else) to suffer real harm or that adopting the 2025 edition of NACE SP0502 would be inappropriate. In fact, PST has expressed its support for that action.\4\ PHMSA therefore finds that PST's comment on the DFR is not an adverse comment. See Sec. 190.339. --------------------------------------------------------------------------- \4\ PST, Comment, Docket ID PHMSA-2026-1534-0002, at 2 (June 23, 2026). --------------------------------------------------------------------------- PHMSA issued the DFR under the procedures set forth at 49 CFR 190.339. In accordance with those procedures, PHMSA stated in the DFR that if no adverse comments were received, the DFR would become effective on January 1, 2027. PHMSA did not receive any comments that warranted withdrawal of the DFR; therefore, this rule will become effective as scheduled. Issued in Washington, DC, under authority delegated in 49 CFR 1.97. Keith J. Coyle, Chief Counsel. [FR Doc. 2026-15573 Filed 7-30-26; 8:45 am] BILLING CODE 4910-60-P#
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