Federal Register / Vol. 89, No. 237 / Tuesday, December 10, 2024 / Notices 99327 

2The dollar equivalent cost is derived from the 

May 2023 Department of Labor, Bureau of Labor 

Statistics (BLS), using the median hourly wage rate 

for a Management Analyst 13–1111 of 47.80, plus 

an overhead rate of 29.4% (Employer Costs for 

Employee Compensation—June 2023) for a fully 

burdened wage rate of 47.80 + 14.05 = 61.85. 

3 125 new awardees submit each quarter—125 × 

4 = 500 respondents. 

4 216 existing awardees submit each quarter—216 

× 4 = 864 respondents. 

5Total may not add up due to rounding. 

Form name Form No. Grant activity/ 

process 

Respondent 

universe 

Average 

time per 

response 

(in hours) 

Total annual 

burden hours 

Total cost 

equivalent in 

U.S. dollar 

(A) (B) (C = A * B) (D = C * wage 

rates) 2

Awardee Determination to make award before 

resolution of investigation one of these sections specified reasons (narrative request).

Narrative Request Buy America Component.1 40 40 2,474.00 

Notification to FRA by Awardee to make award 

during pendency of investigation (narrative request).

Narrative Request Buy America Component.1 1 1 61.85 

Request to FRA for Reconsideration of Initial Decision by Party Involved in Investigations (narrative request).Narrative Request Buy America Component.1 80 80 4,948.00 

Pre-Award Audit (narrative request) ..................... Narrative Request Buy America Component.1 33 33 2,041.05 

Final Contract between Awardee and Bidder/Offeror (narrative request).Narrative Request Buy America Component.1 16 16 989.60 

Post Award Audit (narrative request) ................... Narrative Request Buy America Component.1 256 256 15,833.60 

Rolling Stock Domestic Content Improvement 

Plans (narrative request).

Narrative Request Buy America Component.1 120 120 7,422.00 

Categorical Exclusion (Worksheet) ...................... FRA F 6180.217 ... Awards & Maintenance.75 156 11,700 723,645.00 

Final Performance Report .................................... FRA F 33 .............. Closeout ................ 79 8 632 39,089.20 

Total 5 ............................................................. ............................... ............................... 4,762 ........................ 21,173 1,309,550 

Total Estimated Annual Responses: 

4,762. 

Total Estimated Annual Burden: 

21,173 hours. 

Total Estimated Annual Burden Hour 

Dollar Cost Equivalent: $1,309,550. 

FRA informs all interested parties that 

it may not conduct or sponsor, and a 

respondent is not required to respond 

to, a collection of information that does 

not display a currently valid OMB 

control number. 

Authority: 44 U.S.C. 3501–3520. 

Christopher S. Van Nostrand, 

Deputy Chief Counsel. 

[FR Doc. 2024–28921 Filed 12–9–24; 8:45 am] 

BILLING CODE 4910–06–P 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

[Docket No. PHMSA–2023–0134] 

National Environmental Policy Act 

Implementing Procedures; Proposed 

Categorical Exclusions 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), Department of 

Transportation. 

ACTION: Notice; request for comments. 

SUMMARY: Consistent with the National 

Environmental Policy Act and the 

Council on Environmental Quality 

regulations implementing the National 

Environmental Policy Act, PHMSA is 

proposing to establish new categorical 

exclusions and agency the National 

Environmental Policy Act implementing 

procedures. Categorical exclusions are 

categories of actions that an agency has 

determined normally do not have a 

significant effect on the human 

environment, individually or in the 

aggregate. Categorical exclusions are a 

form of review that agencies use to 

comply with the National 

Environmental Policy Act for proposed 

actions that normally have no or 

minimal environmental effects. PHMSA 

requests the views of the public on its 

proposal to establish these CEs and 

agency National Environmental Policy 

Act procedures. 

DATES: Submit written comments on or 

before January 9, 2025. 

ADDRESSES: To ensure you do not 

duplicate your docket submissions, 

please submit comments by only one of 

the following means: 

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. 

Fax: 1–202–493–2251. 

Mail: Docket Management Facility, 

U.S. Department of Transportation, 1200 

New Jersey Avenue SE, West Building, 

Room W12–140, Washington, DC 

20590–0001. 

Hand Delivery: U.S. Department of 

Transportation, 1200 New Jersey 

Avenue SE, West Building, Room W12– 

140, Washington, DC 20590–0001, 

between 9 a.m. and 5 p.m., EST, 

Monday through Friday, except Federal 

holidays. 

Instructions: Identify docket number 

PHMSA–2023–0134 at the beginning of 

your comments. To avoid duplication, 

please use only one of these four 

methods. Note that all comments 

received will be posted without change 

to http://www.regulations.gov, including 

any personal information provided. You 

should know that anyone is able to 

search the comments received in any of 

our dockets by the name of the 

individual submitting the comment (or 

signing the comment, if submitted on 

behalf of an association, business, labor 

union, etc.). Therefore, you may want to 

review DOT’s complete Privacy Act 

Statement (65 FR 19477) in the Federal 

Register, published on April 11, 2000, 

or visit http://www.regulations.gov 

before submitting any such comments. 

Docket: For access to the docket or to 

read background documents or 

comments, go to http://

www.regulations.gov or DOT’s Docket 

Operations Office (see ADDRESSES). If 

you wish to receive confirmation of 

receipt of your written comments, 

please include a self-addressed, 

stamped postcard with the following 

statement: ‘‘Comments on: PHMSA– 

2023–0134.’’ The Docket Clerk will date 

stamp the postcard prior to returning it 


khammond on DSK9W7S144PROD with NOTICES
99328 Federal Register / Vol. 89, No. 237 / Tuesday, December 10, 2024 / Notices 

to you via U.S. mail. Please note that 

due to delays in the delivery of U.S. 

mail to federal offices in Washington, 

DC, we recommend that persons 

consider an alternative method 

(internet, fax, or professional delivery 

service) for submitting comments to the 

docket and ensuring their timely receipt 

by DOT. 

Privacy Act Statement: In accordance 

with 5 U.S.C. 553(c), DOT may solicit 

comments from the public regarding 

certain general notices. DOT posts these 

comments, without edit, including any 

personal information the commenter 

provides, to www.regulations.gov, as 

described in the system of records 

notice (DOT/ALL–14 FDMS), which can 

be reviewed at www.dot.gov/privacy. 

FOR FURTHER INFORMATION CONTACT: 

Carolyn Nelson, Office of Planning and 

Analytics, PHMSA, by email at 

Carolyn.Nelson@dot.gov or by phone at 

202–860–6173. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The National Environmental Policy 

Act (NEPA), 42 U.S.C. 4321 et seq., 

requires Federal agencies to consider 

the environmental effects of their 

proposed actions in their decisionmaking processes and inform and 

engage the public in that process. 

Section 101(a) of NEPA sets forth a 

national policy to use all practicable 

means and measures, including 

financial and technical assistance, in a 

manner calculated to foster and promote 

the general welfare, to create and 

maintain conditions under which 

humans and nature can exist in 

productive harmony, and fulfill the 

social, economic, and other 

requirements of present and future 

generations of Americans. 42 U.S.C. 

4331(a). Section 102 of NEPA directs 

agencies to interpret and administer 

Federal policies, regulations and laws 

consistent with NEPA’s policies. 42 

U.S.C. 4332. 

NEPA also created the Council on 

Environmental Quality (CEQ), which 

has issued regulations implementing 

NEPA, 40 CFR parts 1500 through 1508 

(CEQ regulations). CEQ also has issued 

numerous guidance documents to 

facilitate agency implementation of 

NEPA. See CEQ, CEQ Guidance 

Documents, https://ceq.doe.gov/ 

guidance/guidance.html. 

To comply with NEPA, agencies 

determine the appropriate level of 

review of any major Federal action—an 

environmental impact statement (EIS), 

environmental assessment (EA), or 

categorical exclusion (CE). 40 CFR 

1501.3. If a proposed action is likely to 

have significant environmental effects, 

the agency must prepare an EIS and 

document its decision in a record of 

decision. 40 CFR 1501.3(c)(3), part 1502, 

1505.2. If the proposed action is not 

likely to have significant environmental 

effects or the effects are unknown, the 

agency may instead prepare an EA, 

which is a concise public document 

used to support agency decision 

making. 40 CFR 1501.3(c)(2), 1501.5, 

1508.1(j). After completing the analysis 

in the EA, the agency may conclude that 

the action will have no significant 

effects and document that conclusion in 

a finding of no significant impact, or 

conclude that the action is likely to have 

significant effects and therefore requires 

preparation of an EIS. 40 CFR 1501.6(a), 

1508.1(j). 

Under NEPA and the CEQ regulations, 

a Federal agency establishes categorical 

exclusions (CEs)—categories of actions 

that the agency has determined 

normally do not have a significant effect 

on the human environment, 

individually or in the aggregate—in its 

agency NEPA procedures. 42 U.S.C. 

4336(e)(1); 40 CFR 1501.4(a), 

1507.3(c)(8), 1508.1(e). If an agency 

determines that a CE covers a proposed 

action, it then evaluates the proposed 

action for extraordinary circumstances, 

which are factors or circumstances that 

indicate a normally categorically 

excluded action may have a significant 

effect. 40 CFR 1501.4(b), 1508.1(o). If an 

extraordinary circumstance exists, the 

agency nevertheless may apply the CE if 

it conducts an analysis and determines 

that the proposed action does not in fact 

have the potential to result in significant 

effects notwithstanding the 

extraordinary circumstance, or the 

agency modifies the action to avoid the 

potential to result in significant effects. 

40 CFR 1501.4(b)(1). In these cases, the 

agency must document such 

determination. Id. If the agency cannot 

categorically exclude the proposed 

action, it will prepare an EA or EIS, as 

appropriate. 40 CFR 1501.4(b)(2). 

The CEQ regulations require Federal 

agencies to develop procedures to 

implement NEPA and the CEQ 

regulations, facilitate efficient decision 

making, and ensure that the agencies 

make decisions in accordance with the 

policies and requirements of NEPA. 40 

CFR 1507.3. As part of their procedures, 

agencies must establish CEs and identify 

extraordinary circumstances. 40 CFR 

1507.3(c)(8). When establishing new or 

revising existing CEs in agency NEPA 

procedures, agencies must substantiate 

the proposed new or revised CEs with 

sufficient information to conclude that 

each category of actions does not have 

a significant effect, individually or in 

the aggregate, on the human 

environment, and provide this 

substantiation in a written record that is 

made publicly available as part of the 

notice and comment process for 

developing or revising proposed agency 

procedures. See 40 CFR 1507.3(b), (c)(8). 

In developing NEPA procedures, 

agencies must consult with CEQ and 

provide an opportunity for public 

review. 40 CFR 1507.3(b)(1)–(2). Before 

publishing final procedures, agencies 

must receive a determination from CEQ 

that the procedures conform with NEPA 

and the CEQ regulations. See 40 CFR 

1507.3(b)(2). 

PHMSA’s mission is to protect people 

and the environment by advancing the 

safe transportation of energy and other 

hazardous materials that are essential to 

our daily lives. To do this, the Agency 

establishes national policy, promulgates 

and enforces safety regulations, 

educates, and conducts research to 

prevent incidents. PHMSA also prepares 

the public and first responders to 

mitigate consequences if a hazardous 

materials incident does occur. PHMSA’s 

Office of Planning and Analytics (OPA), 

Environmental Analysis and 

Compliance Division, conducts and 

manages the Agency’s environmental 

review process to ensure compliance 

with NEPA and other relevant federal 

environmental laws; reviews and 

approves environmental documents; 

and issues associated decisions. PHMSA 

actions include rulemakings, special 

permits (also known as regulatory 

waivers), and certain grants. PHMSA 

does not have infrastructure siting or 

approval authority, and therefore does 

not conduct NEPA reviews for proposed 

new pipeline construction projects. 

The Infrastructure Investment and 

Jobs Act of 2021, also known as the 

Bipartisan Infrastructure Law (BIL), 

established the Natural Gas Distribution 

Infrastructure Safety and Modernization 

(NGDISM) Grant Program. The BIL 

authorized PHMSA to award $200 

million per year in NGDISM Grant 

funding, for a total of $1 billion in grant 

funding over five years. The grant 

funding is available to a municipalityor community-owned utility (not 

including for-profit entities) to repair, 

rehabilitate, or replace its natural gas 

distribution pipeline systems or 

portions thereof, or to acquire 

equipment to (1) reduce incidents and 

fatalities, and (2) avoid economic losses. 

In this notice, PHMSA proposes to 

establish its NEPA procedures as agency 

guidance to efficiently and effectively 

consider the environmental 

consequences of PHMSA’s actions. 

PHMSA has not previously established 

Agency-specific NEPA procedures, 


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Federal Register / Vol. 89, No. 237 / Tuesday, December 10, 2024 / Notices 99329 

including CEs. When conducting NEPA 

reviews, PHMSA complies with DOT 

Order 5610.1C, ‘‘Procedures for 

Considering Environmental Impacts,’’ 

which establishes NEPA implementing 

procedures that apply to all DOT 

operating administrations. PHMSA’s 

distinct mission and the nature of its 

actions warrant establishing Agencyspecific procedures. These Agencyspecific procedures reflect how PHMSA 

will apply CEQ’s NEPA regulations to 

PHMSA’s unique programs and 

decision-making processes. At the same 

time, PHMSA will continue to comply 

with DOT Order 5610.1C or any 

successor DOT NEPA implementing 

procedures applicable to PHMSA. Due 

in part, to the significant increase in 

PHMSA actions as a result of the BIL’s 

establishment of the NGDISM Grant 

Program, PHMSA is establishing 

Agency-specific NEPA procedures, 

including five CEs, to efficiently and 

effectively consider the environmental 

consequences of PHMSA’s actions. CEs 

are listed in Appendix 1 of PHMSA’s 

NEPA Implementing procedures. 

PHMSA has prepared a record to 

substantiate the development of its new 

CEs, which is available for review in 

Docket No. PHMSA–2023–0134 or on 

PHMSA’s website at https://

www.phmsa.dot.gov/regulations-andcompliance. PHMSA invites comment 

on the substantiation record and 

supporting materials. The analyses in 

the record are built upon assessment of 

previous PHMSA actions as delineated 

in existing NEPA documentation and 

implemented by PHMSA; information 

from PHMSA professional staff, expert 

opinion, and scientific analysis; and 

benchmarking of other federal agencies’ 

experiences. PHMSA also developed a 

list of extraordinary circumstances as 

part of its NEPA Implementing 

Procedures to provide additional 

safeguards to ensure that future 

proposed actions that are reviewed 

using the proposed CEs will not result 

in significant impacts. (See section 5. 

NEPA Implementing Procedures.) 

PHMSA has consulted with CEQ on its 

proposal and is seeking input from the 

public. PHMSA will consider input 

from the public and consult with CEQ 

for a conformity determination before 

finalizing its proposal. 

II. PHMSA NEPA Implementing 

Procedures for Considering 

Environmental Impacts 

Section 1: Purpose and Applicability 

This document establishes policies, 

responsibilities, and procedures for the 

Pipeline and Hazardous Materials Safety 

Administration (PHMSA or Agency), an 

operating administration of the U.S. 

Department of Transportation (DOT), to 

consider the environmental effects of its 

proposed actions in its decision-making 

processes and inform and engage the 

public in that process as required by the 

National Environmental Policy Act 

(NEPA) (42 U.S.C. 4321–4336e), and 

consistent with the Council on 

Environmental Quality (CEQ) 

Regulations for Implementing the 

Procedural Provisions of the National 

Environmental Policy Act (CEQ 

Regulations), 40 CFR parts 1500–1508, 

and DOT Order 5610.1C, Procedures for 

Considering Environmental Impacts. 

The CEQ Regulations establish 

procedures for complying with NEPA. 

Consistent with 40 CFR 1507.3 of the 

CEQ Regulations, this order contains the 

PHMSA’s implementing procedures, 

which implement NEPA and 

supplement those regulations. 

PHMSA’s mission is to protect people 

and the environment by advancing the 

safe transportation of energy and other 

hazardous materials that are essential to 

our daily lives. PHMSA regulates over 

three million miles of pipelines and 

oversees the safe and secure movement 

of over one million daily shipments of 

hazardous materials by all modes of 

transportation. PHMSA does not site, 

permit, or authorize transportation 

infrastructure. PHMSA’s regulatory 

standards are intended to reduce the 

likelihood of a release of hazardous 

materials into the human environment 

during transportation. 

PHMSA’s major Federal actions that 

are subject to NEPA review generally 

fall into three categories: regulatory 

actions, special permits, and natural gas 

distribution grant actions: 

Regulatory Actions. PHMSA 

promulgates regulations to improve the 

safety of transportation of hazardous 

materials in all modes, including the 

Hazardous Materials Regulations (49 

CFR parts 171–180) and the Pipeline 

Safety Regulations (49 CFR parts 190– 

199). PHMSA does not site, permit, or 

authorize transportation infrastructure 

or the transportation of hazardous 

materials. PHMSA’s regulatory 

standards are intended to reduce the 

likelihood of release of hazardous 

materials into the human environment 

during ongoing transportation of 

hazardous materials. 

Special Permits. A Special Permit sets 

forth alternative requirements, or 

variances, to the requirements in the 

Hazardous Materials Regulations (49 

CFR parts 171–180) or Pipeline Safety 

Regulations (49 CFR parts 190–199). 

PHMSA may issue such variances if the 

applicant demonstrates an equivalent 

level of safety will be achieved or, if a 

required safety level does not exist, the 

alternative requirements are consistent 

with the public interest. 

Natural Gas Distribution Grants. 

PHMSA awards grants under programs 

including the Natural Gas Distribution 

Infrastructure Safety and Modernization 

grant program. This program assists 

municipalities or community-owned 

utilities (not including for-profit 

entities) in the repair, rehabilitation, or 

replacement of their natural gas 

distribution pipeline systems or 

portions thereof or in the acquisition of 

equipment to (1) reduce incidents and 

fatalities and (2) avoid economic losses. 

Other PHMSA actions subject to 

NEPA review may include 

administrative actions, such as 

administrative procurements or 

personnel actions. 

Actions are not subject to NEPA 

review if they are exempted from NEPA 

by law; if compliance with NEPA would 

clearly and fundamentally conflict with 

the requirements of another provision of 

Federal law; or if any other factors 

stated in 40 CFR 1501.3(a) are 

identified. Consistent with 40 CFR 

1507.3(a), the following actions by 

PHMSA are not subject to NEPA review 

pursuant to the statute and 

implementing CEQ Regulations: 

Administrative, organizational, or 

procedural actions that do not result in 

final agency actions (40 CFR 

1501.3(a)(4)). Examples include day-today administrative operations; routine 

use of PHMSA facilities consistent with 

their intended purpose; required 

hazardous material or pipeline 

inspections; data collection and 

analysis, response to data requests, and 

statistical work; development of 

informational technology systems and 

portals; and community outreach. 

Issuance of internal and external 

advisory or guidance actions to aid 

regulated entities in complying with 

existing regulatory obligations, but 

which otherwise does not change their 

substantive rights and obligations, 

including manuals, advisory circulars 

and bulletins, frequently asked 

questions, interpretations, and other 

guidance documents. Examples include 

supplemental instructions for agency 

compliance with NEPA procedures, 

PHMSA’s Pipeline Safety Enforcement 

Procedures Manual, PHMSA’s Part 192 

Corrosion Enforcement Guidance, 

PHMSA’s Operations & Maintenance 

Enforcement Guidance Part 192 

Subparts L and M, PHMSA’s Operator 

Qualification Enforcement Guidance, 

and Emergency Response Guidebook. 

These actions are not subject to NEPA 

because they are not final agency 

actions (40 CFR 1501.3(a)(4)). 


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Enforcement actions such as issuance 

of Corrective Action Orders, Notices of 

Proposed Safety Orders, Notices of 

Probable Violation, Warning Letters, 

and Notices of Amendments by 

PHMSA’s Pipeline Safety Enforcement 

Program, and Emergency Order 

Authority by PHMSA’s Office of 

Hazardous Materials and Safety (40 CFR 

1508.1(w)(2)(v)). 

Section 2: Background 

i. NEPA established certain policies 

and goals concerning the environment 

and requires that, to the fullest extent 

possible, the policies, regulations, and 

public laws of the United States shall be 

interpreted and administered in 

accordance with those policies and 

goals. Section 102 of NEPA establishes 

procedural requirements, applying that 

national policy to proposals for major 

federal actions significantly affecting the 

quality of the human environment. 

ii. The CEQ Regulations direct each 

agency to develop procedures that 

implement the CEQ Regulations for the 

agency’s specific programs to facilitate 

efficient decision making, and ensure 

that the agency makes decisions in 

accordance with the policies and 

requirements of NEPA. 

iii. DOT has issued Department-wide 

Order 5610.1C that outlines the general 

processes and procedures for the 

Department to implement NEPA. 

iv. Consistent with 40 CFR 1507.3, 

these PHMSA procedures implement 

NEPA within PHMSA, consistent with 

CEQ Regulations, DOT Order 5610.1C, 

and implementing DOT regulations, 

policy, or order. These procedures 

provide that information on 

environmental effects of proposed 

actions will be evaluated through the 

appropriate level of review (namely, 

categorical exclusions (CEs), 

environmental assessments (EAs), and 

environmental impact statements 

(EISs)). 

v. PHMSA must adhere to all laws, 

regulations, and Executive Orders that 

address environmental protection, 

including environmental justice. 

Section 3: Responsibilities 

i. The PHMSA Administrator is 

responsible for ensuring Agency 

compliance with NEPA pursuant to 

delegated authority under DOT 

regulation 49 CFR 1.81(a)(5). 

ii. The PHMSA Administrator has 

delegated authority to the Associate 

Administrator for the Office of Planning 

and Analytics to carry out NEPA 

functions. The Associate Administrator 

for Planning and Analytics must review 

and approve all final EISs (FEISs) and 

records of decision (RODs). 

iii. The Associate Administrator for 

the Office of Planning and Analytics 

must designate an Agency 

Environmental Coordinator within the 

Environmental Analysis and 

Compliance Division to manage day-today NEPA functions, including approval 

of any CE determination, EA, finding of 

no significant impact (FONSI), or draft 

EIS (DEIS). The Agency Environmental 

Coordinator, or their designee, must 

lead and review development of all CEs, 

EAs, FONSIs, EISs and RODs. 

iv. The Agency Environmental 

Coordinator must implement the 

provisions of NEPA, the CEQ 

Regulations, and DOT Order 5610.1C on 

behalf of the Associate Administrator 

for the Office of Planning and Analytics. 

This includes serving as an initial point 

of contact for interested parties to 

request information or status reports on 

environmental documents and other 

elements of the NEPA process 

consistent with 40 CFR 1507.3(c)(11). 

PHMSA must post the name and contact 

information of this individual on 

PHMSA’s website. 

v. The Agency Environmental 

Coordinator must implement a training 

program to ensure all PHMSA personnel 

engaged in programs and projects that 

may include a federal action subject to 

NEPA are familiar and comply with 

these procedures, NEPA, DOT Order 

5610.1C, and the CEQ Regulations. 

vi. The Associate Administrator for 

the Office of Planning and Analytics 

must designate a Lead Environmental 

Protection Specialist and a Federal 

Preservation Officer. The Lead 

Environmental Protection Specialist 

must coordinate NEPA activities for 

grant programs and is authorized to 

approve EAs, FONSIs, and CE 

determinations for these programs, 

following consultation with the Program 

Offices and PHMSA Office of Chief 

Counsel. The Federal Preservation 

Officer is authorized to act as the 

PHMSA agency official, consult on the 

behalf of PHMSA, sign PHMSA 

correspondence, and identify Program 

Alternatives for the purpose of 

compliance with section 106 of the 

National Historic Preservation Act and 

the Advisory Council on Historic 

Preservation’s regulations at 36 CFR part 

800. 

vii. Consistent with 40 CFR 1507.2(a), 

PHMSA must designate a Chief Public 

Engagement Officer to be responsible for 

facilitating community engagement 

across the agency and, where 

appropriate, the provision of technical 

assistance to communities. PHMSA 

must post the name and contact 

information of this individual on 

PHMSA’s website. 

viii. The PHMSA Office of Chief 

Counsel will review all EAs, FONSIs, 

DEISs, FEISs, RODs, and analyses under 

section 4(f) of the U.S. Department of 

Transportation Act (49 U.S.C. 303). At 

its discretion, the Office of Chief 

Counsel may review any other 

environmental document, including CE 

determinations, to ensure legal 

compliance and assess legal risk. 

Section 4: Procedures: PHMSA Actions 

i. The Associate Administrators, 

Office Directors, and Other Officials 

(‘‘Program Managers’’) must coordinate 

with the Agency Environmental 

Coordinator on all proposed actions 

under their jurisdiction that are, or may 

be, major federal actions subject to the 

requirements of NEPA. 

ii. PHMSA must engage, as 

appropriate, with other federal and state 

agencies, Tribes, and with the public 

when considering the scope of the 

proposed action and its effects to inform 

the agency’s determination of the 

appropriate level of NEPA review (40 

CFR 1501.3(b)). 

iii. PHMSA is responsible for the 

accuracy, scope, and content of all 

environmental documents, and must 

ensure they are prepared with 

professional and scientific integrity, 

using reliable data and resources. In 

accordance with section 107(f) of NEPA 

and consistent with 40 CFR 

1507.3(c)(12), applicants, including 

applicant-directed contractors, may 

prepare EAs and EISs under PHMSA’s 

supervision, subject to the following 

procedures. 

a. If an applicant chooses to use a 

contractor to prepare an environmental 

document, PHMSA must ensure that all 

costs of using a contractor will be borne 

by the applicant. 

b. PHMSA must participate in and 

supervise the document’s preparation. 

PHMSA must assist contractors and 

applicants by providing guidance and 

outlining the types of information 

required for the preparation of the 

environmental document. Additionally, 

PHMSA must collaborate with the 

contractor to ensure the analysis is 

focused on areas where there is a higher 

potential for significant impacts. 

c. PHMSA must review and approve 

the statement of purpose and need and 

the alternatives that will be considered 

in the environmental document at an 

early time, before the applicant (or the 

applicant’s contractor) prepares the rest 

of the environmental document. 

d. PHMSA must independently 

evaluate the environmental document 

and take responsibility for its accuracy, 

scope, and contents. PHMSA may 

choose in its discretion to accept, edit, 


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revise, or independently author sections 

of the document or the whole 

document. 

e. PHMSA must include a statement 

in any environmental document 

prepared by an applicant or contractor 

stating that PHMSA has independently 

evaluated the document for its accuracy, 

scope, and contents. 

f. The environmental document must 

include the names and qualifications of 

individuals responsible for preparing 

and reviewing the document, including 

those individuals from PHMSA 

responsible for conducting the Agency’s 

independent evaluation. 

g. PHMSA must independently 

prepare FONSIs and RODs without the 

support of an applicant or their 

contractor. 

h. PHMSA must ensure that the 

applicant preserves and includes in a 

decision file all factual, scientific, or 

technical information used, developed, 

or considered by the applicant in the 

course of preparing the draft 

environmental document, including any 

correspondence with PHMSA or with 

third parties. 

iv. NEPA Applicability and Level of 

NEPA Review. The Agency 

Environmental Coordinator, or 

designated representative, must evaluate 

any proposed action being considered 

by the Agency pursuant to NEPA and 

these procedures to determine whether 

the action is subject to NEPA and 

determine the appropriate level of 

NEPA review, in consultation with the 

PHMSA Office of Chief Counsel and 

Program Offices, consistent with 40 CFR 

1501.3. 

a. PHMSA must assess whether NEPA 

applies to a proposed activity or 

decision in accordance with Section 1: 

Purpose and Applicability of these 

Procedures and consistent with 40 CFR 

1501.3(a) and 1501.8(w). 

b. Consistent with 40 CFR 1501.3(b), 

if NEPA is applicable, PHMSA must 

consider the scope of the action, 

including whether some aspects are 

non-discretionary, and its reasonably 

foreseeable effects to determine the 

appropriate level of NEPA review. 

PHMSA must use public and 

governmental engagement (consistent 

with 40 CFR 1501.9) and scoping 

(consistent with 40 CFR 1502.4), when 

appropriate, to inform this 

determination. PHMSA must consider 

potential temporary as well as 

permanent environmental effects. 

PHMSA must consider the direct, 

indirect and cumulative effects 

including the reasonably foreseeable 

effects of connected actions when 

making this determination. The level of 

NEPA review may not be made on a 

‘‘net benefit’’ basis and PHMSA may not 

offset an action’s adverse effects against 

other beneficial effects when 

determining the potential for significant 

effects. 

c. If the proposed action requires the 

preparation of an EA or EIS, the Agency 

Environmental Coordinator must notify 

the Program Manager of the type of 

environmental document required. 

d. PHMSA must prepare EISs 

comporting with 40 CFR part 1502. 

Generally, consideration of reasonably 

foreseeable effects should include 

discussion of any reasonably foreseeable 

greenhouse gas emissions and climate 

change effects (including effects from 

climate change on the proposed action), 

hazardous material releases, effects on 

communities with environmental justice 

concerns, and effects on 

environmentally sensitive resources. 

Environmentally sensitive resources 

include, but are not limited to, 

properties subject to section 4(f) of the 

U.S. Department of Transportation Act 

of 1966 (49 U.S.C. 303); historic 

properties, as defined in the National 

Historic Preservation Act of 1966 (54 

U.S.C. 300101 et seq.); threatened or 

endangered species or their habitat, as 

defined under the Endangered Species 

Act (16 U.S.C. 1531 et seq.); farmland 

protected under the Farmland 

Protection Policy Act (7 U.S.C. 4201 and 

7 CFR ch. VI part 658); and wetlands, 

as defined in Executive Order 11990, 

Protection of Wetlands, and DOT Order 

5660.1A; floodplains, as defined in 

Executive Order 11988, Floodplain 

Management, as amended by Executive 

Order 13690, and DOT Order 5650.2. 

Typically, an EIS may be appropriate for 

a PHMSA regulatory action that requires 

new construction of transmission 

pipelines on a national scale. 

e. PHMSA must prepare EAs 

comporting with 40 CFR 1501.5 and 

must briefly discuss the purpose and 

need for the proposed action, 

alternatives, and reasonably foreseeable 

environmental effects of the proposed 

action and alternatives. EAs should 

consider the same types of effects as 

EISs, as appropriate to the proposed 

action in question, but should include a 

more concise discussion, consistent 

with the reduced risk of significant 

effects. Typically, an EA would be 

appropriate for deregulatory rulemaking 

actions or construction grant projects for 

existing service lines outside of existing 

rights-of-way or easements. 

f. PHMSA may apply a CE if such use 

is consistent with section V. 

v. Categorical Exclusions. CEs are 

categories of actions that normally do 

not have a significant effect on the 

quality of the human environment, 

individually or in the aggregate, and 

therefore do not require preparation of 

an EA or EIS unless extraordinary 

circumstances exist that make 

application of the categorical exclusion 

inappropriate. Consistent with 40 CFR 

1507.3(c)(8), appendix 1 of these 

procedures lists PHMSA’s CEs. 

a. The Agency Environmental 

Coordinator, or their designee, must 

review the proposed action to determine 

if a CE covers the proposed action or to 

identify a CE that potentially covers the 

proposed action (see Appendix 1). They 

must also review the proposed action 

for extraordinary circumstances. If an 

extraordinary circumstance exists, 

PHMSA may nevertheless apply the CE 

if it conducts an analysis and 

determines that the proposed action 

does not in fact have the potential to 

result in significant effects 

notwithstanding the extraordinary 

circumstance, or PHMSA modifies the 

action to avoid the potential to result in 

significant effects. 40 CFR 1501.4(b)(1). 

b. Additional documentation is not 

required to document that an action has 

been categorically excluded for those 

CEs listed in Appendix 1, Paragraph a, 

unless an extraordinary circumstance 

exists and PHMSA applies the CE 

notwithstanding the extraordinary 

circumstance consistent with 40 CFR 

1501.4(b)(1). In instances where PHMSA 

applies a CE to an action where an 

extraordinary circumstance exists, 

PHMSA must publish this 

determination via PHMSA’s Notices and 

Rulemaking Documents web page 

(https://www.phmsa.dot.gov/ 

regulations/federal-register-documents). 

c. CEs listed in Appendix 1, 

Paragraph b, require documentation, 

regardless of whether extraordinary 

circumstances exist. The Agency 

Environmental Coordinator must 

prepare documentation of potential 

environmental impacts. 

d. If no CE covers the proposed 

action, or if extraordinary circumstances 

exist that preclude PHMSA from 

applying a CE, PHMSA must prepare an 

EA or an EIS before a proposed action 

may proceed. 

vi. Other Agency CEs. PHMSA may 

adopt and apply a CE listed in another 

agency’s NEPA procedures for a 

proposed action or a category of 

proposed actions consistent with the 

process outlined in 40 CFR 1501.4(e). 

PHMSA must publish each application 

of an adopted CE consistent with 

§ 1501.4(e)(5) via PHMSA’s Notices and 

Rulemaking Documents web page 

(https://www.phmsa.dot.gov/ 

regulations/federal-register-documents). 

Any adopted categorical exclusion will 

be available for use by the agency as of 


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the date of the public notice consistent 

with 40 CFR 1501.4(e)(3). 

vii. Prepare EA. PHMSA must prepare 

an EA when a proposed action is not 

categorically excluded and is not 

expected to result in significant 

environmental effects, or the 

significance of the effects of a proposed 

action is unknown. 40 CFR 1501.5. The 

decision-making process for the level of 

NEPA review determination is 

described in IV.b above. The Agency 

Environmental Coordinator, or 

designated representative, must 

determine the appropriate level of 

review. Consistent with 40 CFR 

1501.5(g), the text of an EA may not 

exceed 75 pages, not including any 

citations or appendices. 

viii. Prepare EIS. PHMSA must 

prepare an EIS for any proposed action 

that is likely to significantly affect the 

human environment. The decisionmaking process for the level of NEPA 

review determination is described in 

IV.b above. The Agency Environmental 

Coordinator, or designated 

representative, must determine the 

appropriate level of review. In 

accordance with 49 U.S.C. 304a, 

PHMSA must combine FEIS/ROD 

documents to the extent practicable. See 

DOT’s Guidance on the Use of 

Combined Final Environmental Impact 

Statements/Records of Decision and 

Errata Sheets in National 

Environmental Policy Act Review 

(2019). Consistent with 40 CFR 1502.7, 

the text of an FEIS may not exceed 150 

pages except for proposals of 

extraordinary complexity, which may 

not exceed 300 pages. 

ix. As appropriate and where 

consistent with applicable statutory 

requirements, PHMSA must combine 

environmental documents with other 

Agency documents to facilitate sound 

and efficient decision making and avoid 

duplication. 40 CFR 1506.4, 

1507.3(c)(5). 

x. Timelines. The Agency 

Environmental Coordinator, or their 

designee, must review and approve 

timelines for EA and EIS documents. 

PHMSA must complete EAs and EISs 

within the timeframes outlined in 40 

CFR 1501.10. PHMSA may extend EA 

and EIS deadlines in writing, subject to 

the Associate Administrator for the 

Office of Planning and Analytics’ 

approval, consistent with 40 CFR 

1501.10(b). If additional time is 

required, PHMSA may only utilize so 

much additional time as is necessary to 

complete the document. 

a. Unless an extension is made, EAs 

must be completed within 1 year from 

the date PHMSA determines an EA is 

required. 

b. Unless an extension is made, EISs 

must be completed within 2 years of the 

Notice of Intent to Prepare an 

Environmental Impact Statement. 

xi. Consistent with 40 CFR 1507.3(c) 

and (4), the Agency Environmental 

Coordinator is responsible for ensuring 

relevant environmental documents, 

comments, and responses accompany 

the proposal through PHMSA’s 

decision-making review processes. 

PHMSA must prepare EAs and EISs to 

encompass the range of the alternatives 

to be considered by the decision maker. 

As appropriate, PHMSA must make 

available to the public those portions of 

any additional documents provided to 

the decision maker in addition to the 

relevant environmental documents that 

relate to the comparison of alternatives. 

xii. Prior to final approval of 

environmental documents, the Agency 

Environmental Coordinator is 

responsible for consulting with the 

Program Manager and PHMSA Office of 

Chief Counsel for any proposed 

mitigation commitments required for 

the proposed action. 

xiii. Supplement. If new information 

becomes available that is relevant to the 

environmental process, such as changes 

in project scope or environmental 

effects, PHMSA Program Offices must 

coordinate with the Agency 

Environmental Coordinator and the 

PHMSA Office of Chief Counsel to 

determine if a supplement to or 

reevaluation of an EA or EIS is 

necessary, consistent with 40 CFR 

1501.5(h) and (i) or 1502.9(d) and (e), 

respectively. 

Section 5: Procedures: Extraordinary 

Circumstances 

i. Extraordinary circumstances are 

factors or circumstances that indicate 

that a normally categorically excluded 

action may have a significant 

environmental effect. If an extraordinary 

circumstance exists, the Agency 

Environmental Coordinator, or 

designated representative, must consult 

the PHMSA Office of Chief Counsel and 

Program Offices to confirm whether the 

use of a CE is appropriate, consistent 

with 40 CFR 1501.4(b). If the Agency 

Environmental Coordinator or 

designated representative; the PHMSA 

Office of Chief Counsel; or Program 

Offices determines that use of a CE is 

inappropriate, the level of NEPA review 

must be an EA or EIS. Consistent with 

40 CFR 1507.3(c)(8), PHMSA must 

consider circumstances including the 

following when determining whether 

extraordinary circumstances exist: 

a. The proposed action is greater in 

scope or size than those normally 

covered by the category. 

b. The proposed action may increase 

the likelihood of a reportable release 

under the Hazardous Materials 

Regulations (49 CFR parts 171–180) or 

Pipeline Safety Regulations (49 CFR 

parts 190–199). 

c. The proposed action may be 

inconsistent with or cause a violation of 

a federal, state, local, or Tribal law or 

requirement. 

d. The proposed action may result in 

a substantial increase in greenhouse gas 

emissions. 

e. The proposed action may have 

disproportionate and adverse effects on 

communities with environmental justice 

concerns as defined at 40 CFR 1508.1(f). 

f. The proposed action may have an 

adverse effect on an environmentally 

sensitive resource. Environmentally 

sensitive resources include, but are not 

limited to: 

1. Wildlife or waterfowl refuges, 

historic sites, public parks, or other 

protected properties under section 4(f) 

of the U.S. Department of 

Transportation Act (49 U.S.C. 303) or 

section 6(f) of the Land and Water 

Conservation Fund Act of 1965 (54 

U.S.C. 200305(f)(3)). 

2. Historic, architectural, 

archeological, or cultural resources 

subject to section 106 of the National 

Historic Preservation Act of 1966 (54 

U.S.C. 306108) or the Archeological and 

Historic Preservation Act of 1974 (54 

U.S.C. Ch. 3125). 

3. Farmland protected under the 

Farmland Protection Policy Act (7 

U.S.C. 4201 et seq.). In this context, a 

potential adverse effect would involve 

the acquisition and irreversible 

conversion of non-urban land to nonagricultural uses. 

4. Threatened or endangered species 

or their habitat, as defined under the 

Endangered Species Act (16 U.S.C. 1531 

et seq.). 

5. Wetlands, as defined in Executive 

Order 11990, Protection of Wetlands, 

and DOT Order 5660.1A. 

6. Floodplains, as defined in 

Executive Order 11988, Floodplain 

Management, as amended by Executive 

Order 13690, and DOT Order 5650.2. 

PHMSA’s compliance with these Orders 

will inform its extraordinary 

circumstances analysis. 

7. State coastal zones, as defined by 

state coastal zone management 

programs, or undeveloped coastal 

barriers along the Atlantic or Gulf 

Coasts. 

8. Wild and scenic rivers in the 

National Inventory. 

ii. Compliance with other statutes 

such as the National Historic 

Preservation Act of 1966, Archeological 

and Historic Preservation Act of 1974, 


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and the Endangered Species Act is 

separate from, and not displaced by, 

compliance with NEPA and these 

procedures. PHMSA will develop 

Standard Operating Procedures 

describing the necessary processes to 

comply with these statutes. 

Section 6: Procedures: Public and 

Governmental Engagement 

i. The Agency Environmental 

Coordinator must ensure that PHMSA 

provides the appropriate level of public 

and governmental engagement 

consistent with 40 CFR 1501.9 and other 

laws and regulations, regardless of the 

level of NEPA review. PHMSA must 

carry out public and governmental 

engagement in accordance with NEPA 

and must coordinate these efforts with 

other PHMSA public involvement 

opportunities when practicable. 

ii. PHMSA must identify the 

potentially affected Federal, State, 

Tribal, and local governments and invite 

them to serve as cooperating agencies as 

early as practicable and as appropriate. 

PHSMA must also ensure that 

participating agencies have 

opportunities to provide input on the 

proposed action and engage in the 

environmental review process, as 

appropriate. 

iii. Interested persons may obtain 

information or status reports on EISs, 

EAs, and other elements of the NEPA 

process by contacting PHMSA’s Agency 

Environmental Coordinator (PHMSA 

Office of Planning and Analytics). See 

40 CFR 1507.3(c)(11). 

iv. Regulatory Actions. PHMSA 

promulgates regulations to advance the 

safe transportation of hazardous 

materials in all modes, including the 

Hazardous Materials Regulations (49 

CFR parts 171–180) and the Pipeline 

Safety Regulations (49 CFR parts 190– 

199). PHMSA does not site, permit, or 

authorize transportation infrastructure. 

PHMSA’s regulatory standards are 

intended to reduce the likelihood of a 

release of hazardous materials into the 

human environment during 

transportation. Consistent with 40 CFR 

1507.3(c)(2), PHMSA must ensure that 

relevant environmental documents, 

comments, and responses will be part of 

the record in rulemaking proceedings. 

a. PHMSA must notify the public of 

the availability of Draft EAs and DEISs 

for regulatory actions subject to public 

notice and comment, to solicit public 

comment. PHMSA may publish the 

Draft EA in the ‘‘Regulatory Notices and 

Analyses’’ section of a Notice of 

Proposed Rulemaking or supplemental 

Notice of Proposed Rulemaking, or as a 

standalone document in the docket for 

the rulemaking action, found at 

www.regulations.gov (in which case 

PHMSA must include a citation to the 

docket in the ‘‘Regulatory Notices and 

Analyses’’ section). Absent special 

circumstances, PHMSA must allow at 

least 30 days for comment on Draft EAs 

and DEISs. PHMSA may consider longer 

comment periods for particularly 

complex proposals or when otherwise 

appropriate. 

b. The Agency Environmental 

Coordinator may determine public 

engagement for PHMSA CEs on a caseby-case basis. 

c. If the Agency Environmental 

Coordinator or their designee 

determines that a proposed action 

requires preparation of an EIS, PHMSA 

must alert the public of its intent to 

prepare an EIS by publishing a Notice 

of Intent (NOI) in the Federal Register. 

The Associate Administrator for the 

Office of Planning and Analytics must 

approve the NOI prior to publication. 

d. Consistent with the CEQ 

Regulations, PHMSA must publish a 

DEIS for public review for a minimum 

of 45 days. 

e. PHMSA must consider public 

comments and address them in the EA 

and FONSI or the FEIS. 

v. Special Permits. Special permits 

and associated environmental 

documents are posted in the Federal 

Register and available at 

www.Regulations.gov. A special permit, 

or regulatory waiver, is an order by 

which PHMSA waives compliance with 

one or more of the requirements in the 

hazardous material regulations (49 CFR 

parts 171–180) or pipeline safety 

regulations (49 CFR parts 190–199), 

subject to conditions set forth in the 

permit. 

a. PHMSA must provide the public 

with a 30-day opportunity to comment 

on EAs. For particularly complex 

proposals, PHMSA may extend the 

minimum comment periods established 

in these procedures. 

b. PHMSA must make FONSIs 

publicly available on PHMSA’s website. 

c. The Agency Environmental 

Coordinator must ensure that PHMSA 

provides the appropriate level of public 

and governmental engagement 

consistent with 40 CFR 1501.9 and other 

laws and regulations, regardless of the 

level of NEPA review. 

d. If PHMSA determines the action 

requires an EIS, PHMSA must alert the 

public of its intent to prepare an EIS by 

publishing an NOI consistent with 40 

CFR 1502.4(e) in the Federal Register. 

The Associate Administrator for the 

Office of Planning and Analytics must 

approve NOIs prior to publication. 

e. Consistent with CEQ regulations, 

PHMSA must publish a DEIS for public 

review for a minimum of 45 days. 

f. For these actions, PHMSA must 

consider public comments and address 

substantive comments in the EA and 

FONSIs, or FEIS and RODs. 

vi. Natural Gas Distribution Grants. 

For pipeline or related site-specific 

construction projects, PHMSA must 

notify the public of the availability of 

EAs and DEISs on PHMSA’s website. 

PHMSA must solicit public comment on 

Draft EAs and DEISs. PHMSA must also 

make these documents available in a 

location that is locally accessible to 

where the proposed action is located. 

a. PHMSA must evaluate grant 

projects on a case-by-case basis to 

determine the appropriate level of 

outreach, notification, and coordination 

consistent with 40 CFR 1501.9(c). 

b. PHMSA must provide the public 

with a 30-day opportunity to comment 

on draft EAs. For particularly complex 

proposals, PHMSA may extend the 

minimum comment periods established 

in these procedures. 

c. PHMSA must make FONSIs 

publicly available on PHMSA’s website. 

d. If the action requires an EIS, 

PHMSA must alert the public of its 

intent to prepare an EIS by publishing 

an NOI consistent with 40 CFR 

1502.4(e) in the Federal Register. The 

Associate Administrator for the Office of 

Planning and Analytics must approve 

NOIs prior to publication. 

e. Consistent with CEQ regulations, 

PHMSA must publish a DEIS for public 

review for a minimum of 45 days. 

f. For these actions, PHMSA must 

consider public comments and address 

substantive comments in the EA and 

FONSIs, or FEIS and RODs. 

Section 7: Procedures: Emergency 

Circumstances 

In emergency circumstances (such as 

life threatening natural or humancaused disasters), where it is necessary 

to take an action that is likely to have 

a significant environmental effect, it 

may not be possible for PHMSA to 

follow the NEPA implementing 

procedures outlined in this document. 

CEQ regulations regarding emergencies 

permit federal agencies to consult with 

CEQ to discuss alternative 

arrangements. See 40 CFR 1506.11. 

When the expected environmental 

effects of the proposed action are 

unlikely to be significant and the action 

cannot be categorically excluded, 

PHMSA must prepare a focused EA in 

compliance with PHMSA’s NEPA 

implementing procedures and 

consistent with CEQ regulations as soon 

as practicable. Requests for alternative 


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99334 Federal Register / Vol. 89, No. 237 / Tuesday, December 10, 2024 / Notices 

arrangements from PHMSA Program 

Offices or applicant due to emergency 

circumstances must be referred to the 

Agency Environmental Coordinator for 

evaluation. 

Alternative arrangements for such 

actions should focus on minimizing 

adverse environmental effects of the 

PHMSA action and the emergency. To 

the maximum extent practicable, the 

alternative arrangements should include 

the interagency coordination, and 

public and governmental engagement, 

that would normally be undertaken for 

an EA. The alternative arrangements 

may not alter the requirements of the 

CEQ regulations regarding EAs, but the 

level of evidence, analysis, and 

discussion may be limited to what is 

practicable under the emergency 

circumstances. The Agency 

Environmental Coordinator must 

approve alternative arrangements. Any 

alternative arrangements must be 

documented. The Agency 

Environmental Coordinator must inform 

CEQ of the alternative arrangement at 

the earliest opportunity. 

If significant impacts are likely and an 

EIS would typically be required, the 

Agency Environmental Coordinator, in 

consultation with the Program Office 

and PHMSA Office of Chief Counsel, 

must consult with CEQ to request 

alternative arrangements. 

Section 8: Review of Environmental 

Documents Prepared by Other Agencies 

i. The Agency Environmental 

Coordinator is PHMSA’s receiving 

official for all requests for comment on 

environmental documents from other 

agencies or requests to be a cooperating 

agency on a NEPA project. If a PHMSA 

official receives such requests from 

someone other than the Agency 

Environmental Coordinator, the request 

must be forwarded promptly to the 

Agency Environmental Coordinator. The 

Agency Environmental Coordinator 

must review all requests, in consultation 

with Program Managers and the Office 

of the Chief Counsel, to determine 

whether PHMSA can provide useful and 

constructive comments concerning the 

action involved. All Associate 

Administrators and other PHMSA 

officials must cooperate with the 

Agency Environmental Coordinator in 

providing comments on a timely basis 

so that the Agency Environmental 

Coordinator may respond in a similar 

manner (see paragraph 9, DOT Order 

5610.1C). 

ii. The Agency Environmental 

Coordinator must assess the comments 

received from Program Managers and 

prepare a coordinated PHMSA response 

to the request. Responses must be 

forwarded to the PHMSA Office of Chief 

Counsel, Regulatory Affairs Division, 

and Program Managers for consultation 

prior to its being forwarded to the 

Department. 

Section 9: Periodic Review 

PHMSA must continue to review its 

NEPA implementing policies and 

procedures and, in consultation with 

CEQ, revise them as necessary to ensure 

compliance with NEPA. Consistent with 

40 CFR 1507.3(c)(9), this review must 

also include periodic review of 

PHMSA’s CEs at least every 10 years 

from approval of these procedures or as 

otherwise required by applicable law, 

regulations, and policies/procedures. 

Appendix 1. Categorical Exclusions 

Summary 

A. Categorical Exclusions Requiring No 

Further Documentation 

(1) Equipment acquisition (including 

purchase or lease) of handheld and 

mobile methane detection equipment 

and associated vehicles. 

B. Categorical Exclusions Requiring 

Documentation (Documented CEs) 

(1) Granting, renewing, or denying a 

special permit related to waiving class 

location or odorization requirements, 

following the procedures set forth in 49 

CFR 190.341, including the 

identification of any enforceable 

conditions, imposed pursuant to 49 CFR 

190.341(d)(2), that are required to 

prevent and address pipeline safety and 

environmental risk. 

(2) Rulemaking actions by the Office 

of Hazardous Materials Safety, other 

than deregulatory rulemaking actions, 

within one of the following categories: 

(a) policies, directives, regulations, 

and guidelines that are of an 

administrative, financial, legal, 

technical, or procedural nature; 

(b) regulations designating, defining, 

or classifying regulated materials 

(hazardous materials, hazardous 

substances, hazardous wastes, marine 

pollutants, elevated temperature 

materials, materials designated as 

hazardous in the Hazardous Materials 

Table (49 CFR 172.101), and materials 

that meet the defining criteria for hazard 

classes and divisions in 49 CFR part 

173); 

(c) regulations imposing requirements 

on transportation of regulated materials, 

including shipping papers, marking, 

labeling, placarding, emergency 

response information, training, and 

safety and security plans; 

(d) regulations concerning stowage 

and segregation of regulated materials in 

transportation, including rail car, 

portable tank, and cargo tank placement; 

loading, unloading, transportation, and 

storage of regulated materials by mode 

(rail, aircraft, vessel, and highway); 

revising standards for bulk and nonbulk packages (cylinders, portable tanks, 

cargo tanks, radioactive packages, 

intermediate bulk containers, drums, 

jerricans, boxes, and composite 

packagings, etc.); or incident reporting 

or tracking of regulated movements; 

(e) editorial or technical revisions and 

clarifications to correct editorial errors 

and improve clarity; and 

(f) training, testing, and qualification 

of regulated materials personnel. 

(3) Rulemaking actions by the Office 

of Pipeline Safety, other than 

deregulatory rulemaking actions, within 

one of the following categories: 

(a) policies, directives, regulations, 

and guidelines that are of an 

administrative, financial, legal, 

technical, or procedural nature; 

(b) regulations concerning corrosion 

control; training, testing, and 

qualification of operator personnel; or 

emergency response; 

(c) editorial or technical revisions and 

clarifications to correct editorial errors 

and improve clarity; and 

(d) revisions to civil penalty amounts 

that may be imposed for violations of 

certain DOT regulations. 

(4) Repair, rehabilitation, or 

replacement of natural gas distribution 

pipelines and associated equipment 

within existing rights-of-way or 

easements. Associated actions include 

replacement of service lines, meters, 

metering stations, valves, taps, 

abandonment in place or abandonment 

by removal, minor excavation, 

replacement of pavement of existing 

roadway and/or sidewalks, and 

relocation within existing rights-of-way 

or easements. Actions will follow the 

applicable safety standards and 

requirements described at 49 CFR part 

192. 

Issued in Washington, DC, on December 4, 

2024 under authority delegated in 49 CFR 

1.81. 

Tristan H. Brown, 

Deputy Administrator, Pipeline and 

Hazardous Materials Safety Administration. 

[FR Doc. 2024–28899 Filed 12–9–24; 8:45 am] 

BILLING CODE 4910–60–P 


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