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[Federal Register Volume 90, Number 9 (Wednesday, January 15, 2025)]
[Rules and Regulations]
[Pages 3713-3716]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00073]

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DEPARTMENT OF TRANSPORTATION

Pipeline and Hazardous Materials Safety Administration

49 CFR Part 192

[Docket No. PHMSA-2011-0023; Amdt. No. 192-138]
RIN 2137-AF39

Pipeline Safety: Safety of Gas Transmission Pipelines: Repair 
Criteria, Integrity Management Improvements, Cathodic Protection, 
Management of Change, and Other Related Amendments: Corrections To 
Conform to Judicial Review

AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), 
Department of Transportation (DOT).

ACTION: Correcting amendments.

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SUMMARY: These amendments conform part 192 of the Code of Federal 
Regulations (CFR) to the August 2024 order of the United States Court 
of Appeals for the District of Columbia Circuit by removing several 
vacated provisions.

DATES: Effective on January 15, 2025.

FOR FURTHER INFORMATION CONTACT: Robert Jagger, Senior Transportation 
Specialist, by email at [email protected].

SUPPLEMENTARY INFORMATION: On August 24, 2022, PHMSA published a final 
rule titled ``Safety of Gas Transmission Pipelines: Repair Criteria, 
Integrity Management Improvements, Cathodic Protection, Management of 
Change, and Other Related Amendments'' (2022 Gas Transmission Final 
Rule) \1\ amending the federal pipeline safety regulations at 49 CFR 
part 192 to improve the safety of onshore gas transmission pipelines. 
The 2022 Gas Transmission Final Rule updated and expanded requirements 
pertaining to corrosion control, repair criteria and timelines for 
various pipeline integrity anomalies (including various manifestations 
of metal loss, cracking, and denting), and other integrity management 
improvements.
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    \1\ 87 FR 52224 (Aug. 24, 2022).
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    The Interstate Natural Gas Association of America (INGAA) filed a 
petition for judicial review challenging several provisions of the 2022 
Gas Transmission Final Rule. On August 16, 2024, the United States 
Court of Appeals for the District of Columbia Circuit (D.C. Circuit) 
ordered the following provisions vacated: \2\
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    \2\ INGAA v. PHMSA, No. 23-1173, 114 F.4th 744, 756 (D.C. Cir. 
Aug. 16, 2024).
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    (1) Monitoring and mitigation of internal corrosive constituents at 
Sec.  192.478;
    (2) The immediate repair criterion for cracks or crack-like 
anomalies with predicted failure pressures below 1.25 x maximum 
allowable operating pressure (MAOP) at Sec. Sec.  192.714(d)(1)(v)(C) 
and 192.933(d)(1)(v)(C); and
    (3) High-frequency electric resistance welded seams as one of the 
seam types qualifying for the immediate repair criterion of 
preferential metal loss on certain seam types at Sec. Sec.  
192.714(d)(1)(iv) and 192.933(d)(1)(iv).\3\
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    \3\ Preferential metal loss on direct current, low-frequency 
electric resistance welded pipe, and electric flash welded pipe 
remain immediate repair conditions when an anomaly on pipe with 
these seam types meet the conditions under Sec. Sec.  
192.714(d)(1)(iv) and 192.933(d)(1)(iv). INGAA v. PHMSA, 114 F.4th 
at 756 (vacating the provisions ``only as applied to seams formed by 
high-frequency electric resistance welding'').
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    This notice removes those vacated provisions and makes conforming 
revisions to align the federal pipeline safety regulations to the 
result of judicial review.\4\
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    \4\ PHMSA also removes now obsolete cross-references to Sec.  
192.478 located in Sec. Sec.  192.9 and 192.927, without making any 
other changes to those provisions.

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[[Page 3714]]

    Additionally, the court's August 16, 2024, decision found the dent 
engineering critical assessment method at Sec.  192.712(c) to be 
inadequately justified. However, the D.C. Circuit subsequently, in a 
December 10, 2024 order, granted an unopposed petition for rehearing by 
INGAA and remanded this provision to PHMSA without vacatur. 
Accordingly, the engineering critical assessment method for dents 
articulated at Sec.  192.712(c) remains in the federal pipeline safety 
regulations, thereby allowing operators complying with the process to, 
where appropriate, monitor rather than repair certain dents according 
to the requirements of Sec. Sec.  192.714(d) and 192.933(d). Section 
192.712(c) will remain in effect as PHMSA considers its approach to 
address the deficiencies in PHMSA's adoption of Sec.  192.712(c) 
identified in the court's August 16, 2024, decision. PHMSA will 
announce such regulatory actions in the Federal Register in ordinary 
course.
    PHMSA has good cause to make these conforming corrections without 
notice and comment pursuant to Section 553(b)(B) of the Administrative 
Procedure Act (APA, 5 U.S.C. 551, et seq.) because, the D.C. Circuit 
having vacated these provisions of the 2022 Gas Transmission Final 
Rule, no comment could ``change[ ] that fact'' and additional comment 
would be ``utterly unnecessary.'' EME Homer City Generation, LP v. EPA, 
795 F.3d 118, 134-35 (D.C. Cir. 2015) (internal quotations omitted). 
Section 553(b)(B) of the APA provides that, when an agency for good 
cause finds that notice and public procedure are impracticable, 
unnecessary, or contrary to the public interest, the agency may issue 
amendments without providing notice and an opportunity for public 
comment. Notice and comment on these correction amendments is 
unnecessary for this ministerial action conforming the pipeline safety 
regulations to the result ordered by the D.C. Circuit. The Agency 
simply removes the three discrete provisions (two of which are found at 
both Sec. Sec.  192.714 and 192.933) which have been vacated by the 
court. PHMSA finds that notice and opportunity for public comment are 
unnecessary under section 553(b)(B) of the APA.
    PHMSA also finds good cause for the immediate effective date on 
publication of these conforming corrections. Section 553(d) of the APA 
provides that a rule should take effect not less than 30 days after 
publication in the Federal Register, except for when a rule relieves a 
restriction or when good cause is found by the agency and published 
within the rule allowing for earlier effect. 5 U.S.C. 553(d)(1) & (3). 
These conforming corrections relieve discrete requirements of the 2022 
Gas Transmission Final Rule. 5 U.S.C. 553(d)(1). Moreover, good cause 
exists for immediate effect as, the D.C. Circuit having entered its 
judgment, the provisions of the code being removed herein are no longer 
effective, operators and the public will benefit from regulatory text 
reflecting the accurate regulatory environment, and no additional time 
is necessary to conform operator behavior. Omnipoint Corp. v. F.C.C., 
78 F.3d 620, 630 (D.C. Cir. 1996); 5 U.S.C. 553(d)(3).

I. Regulatory Analyses and Notices

A. Legal Authority

    These conforming corrections are published under the authority of 
the Secretary of Transportation delegated to PHMSA pursuant to 49 CFR 
1.97. Among the statutory authorities delegated to PHMSA are the 
authorities vested in the Secretary under the Federal Pipeline Safety 
Statutes (49 U.S.C. 60101 et seq.). Section 60102(a) authorizes 
issuance of regulations governing design, installation, inspection, 
emergency plans and procedures, testing, construction, extension, 
operation, replacement, and maintenance of pipeline facilities.\5\
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    \5\ See 87 FR at 52263 (2022 Gas Transmission Final Rule 
statutory authorities).
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B. Executive Order 12866 and DOT Regulatory Policies and Procedures

    These conforming corrections have been evaluated in accordance with 
Executive Order 12866 (``Regulatory Planning and Review''),\6\ 
Executive Order 14094 (``Modernizing Regulatory Review''),\7\ and DOT 
Order 2100.6A (``Rulemaking and Guidance Procedures'') and are 
considered not significant; therefore, these conforming corrections 
have not been reviewed by the Office of Management and Budget (OMB). As 
the conforming corrections herein merely reflect the current state of 
the regulations following judicial review, PHMSA finds that the 
conforming corrections themselves impose no incremental compliance 
costs, nor do they adversely impair safety.
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    \6\ 58 FR 51735 (Oct. 4, 1993).
    \7\ 88 FR 21879 (Apr. 11, 2023).
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C. Regulatory Flexibility Act

    The analytical requirements of the Regulatory Flexibility Act, as 
amended by the Small Business Regulatory Flexibility Fairness Act of 
1996 (RFA, 5 U.S.C. 601 et seq.), do not apply when the agency finds 
good cause under the APA to adopt a rule without prior notice and 
comment.\8\ Because PHMSA has ``good cause'' under the APA to forgo 
comment on the corrections herein, no RFA analysis is required.
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    \8\ See 5 U.S.C. 603-604. See also Small Business 
Administration, ``A Guide for Government Agencies: How to Comply 
with the Regulatory Flexibility Act'' 55 (2017).
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D. Paperwork Reduction Act

    These conforming corrections impose no new or revised information 
collection requirements. As explained above, the conforming corrections 
are non-substantive as they reflect the outcome of judicial review, and 
they will require no change to the current incident and annual 
reporting forms and their respective instructions as discussed in the 
preamble of the 2022 Gas Transmission Final Rule.

E. Unfunded Mandates Reform Act of 1995

    PHMSA analyzed these conforming corrections pursuant to the 
Unfunded Mandates Reform Act of 1995 (UMRA, 2 U.S.C. 1501 et seq.) and 
determined that the corrections do not impose enforceable duties of 
$100 million or more, adjusted for inflation, in any one year, on 
state, local, or tribal governments, or on the private sector. Because 
the corrections impose no new incremental compliance costs beyond those 
already assessed in the 2022 Gas Transmission Final Rule, PHMSA's 
earlier UMRA analysis need not be changed.\9\
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    \9\ Final Regulatory Impact Analysis, Doc. No. PHMSA-2011-0023-
0637 (2022).
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F. National Environmental Policy Act

    The National Environmental Policy Act of 1969 (NEPA, 42 U.S.C. 4321 
et seq.) requires federal agencies to prepare a detailed statement on 
major federal actions significantly affecting the quality of the human 
environment. PHMSA analyzed the 2022 Gas Transmission Final Rule in 
accordance with NEPA, consistent with Council on Environmental Quality 
regulations (40 CFR parts 1500 through 1508), and DOT implementing 
policies (DOT Order 5610.1C, ``Procedures for Considering Environmental 
Impacts'') and determined the 2022 Gas Transmission Final Rule would 
not significantly affect the quality of the human environment.\10\ 
PHMSA has determined that the corrections in this document have no 
effect on its earlier NEPA analysis, as

[[Page 3715]]

the corrections simply reflect the 2022 Gas Transmission Final Rule as 
modified by judicial review.
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    \10\ Final Environmental Assessment, Doc. No. PHMSA-2011-0023-
0635 (2022).
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G. Privacy Act Statement

    In accordance with 5 U.S.C. 553(c), the DOT solicits comments from 
the public to inform its rulemaking process. The DOT posts these 
comments, without edit, including any personal information the 
commenter provided, 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.

H. Executive Order 13132 (Federalism)

    PHMSA has analyzed these conforming corrections in accordance with 
the principles and criteria contained in Executive Order 13132 
(``Federalism'').\11\ PHMSA has previously determined that the 2022 Gas 
Transmission 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.\12\ Because the judicially conforming 
corrections herein are consistent with the 2022 Gas Transmission Final 
Rule as modified by judicial review, the consultation and funding 
requirements of Executive Order 13132 do not apply.\13\
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    \11\ 64 FR 43255 (Aug. 10, 199).
    \12\ See 87 FR at 20978.
    \13\ Moreover, PHMSA determined that the 2022 Gas Transmission 
Final Rule did not impose substantial direct compliance costs on 
state and local governments.
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I. Executive Order 13211

    PHMSA analyzed the 2022 Gas Transmission Final Rule and determined 
that the requirements of Executive Order 13211 (``Actions Concerning 
Regulations that Significantly Affect Energy Supply, Distribution, or 
Use'') \14\ did not apply. These judicially conforming corrections to 
the 2022 Gas Transmission Final Rule are not a ``significant energy 
action'' under Executive Order 13211, as they are not a significant 
regulatory action, and they are not likely to have a significant 
adverse effect on supply, distribution, or energy use. Further, OMB has 
not designated the corrections herein as a significant energy action.
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    \14\ 66 FR 28355 (May 22, 2001).
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J. Executive Order 13175

    This document was analyzed in accordance with the principles and 
criteria contained in Executive Order 13175 (``Consultation and 
Coordination with Indian Tribal Governments'') \15\ and DOT Order 
5301.1 (``Department of Transportation Policies, Programs, and 
Procedures Affecting American Indians, Alaska Natives, and Tribes''). 
Because none of these corrections have tribal implications or impose 
substantial direct compliance costs on Indian tribal governments, the 
funding and consultation requirements of Executive Order 13175 do not 
apply.
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    \15\ 65 FR 67249 (Nov. 6, 2000).
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K. Executive Order 13609 and International Trade Analysis

    Under Executive Order 13609 (``Promoting International Regulatory 
Cooperation''),\16\ agencies must 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. These 
conforming corrections do not impact international trade.
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    \16\ 77 FR 26413 (May 4, 2012).
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L. Regulation Identifier Number (RIN)

    A RIN is assigned to each regulatory action listed in the Unified 
Agenda of Federal Regulations. The Regulatory Information Service 
Center publishes the Unified Agenda in April and October of each year. 
The RIN contained in the heading of this notice can be used to cross-
reference this action with the Unified Agenda.

M. Severability

    This makes discrete corrections which conform the regulations with 
the outcome of judicial review on the 2022 Gas Transmission Final Rule. 
Each amendment is severable and operates independently.

List of Subjects in 49 CFR Part 192

    Corrosion control, Installation of pipe in a ditch, Integrity 
management, Internal inspection device, Management of change, Pipeline 
safety, Repair criteria, Surveillance.

    In consideration of the foregoing, PHMSA corrects 49 CFR part 192 
by making the following correcting amendments:

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.  192.9 by revising paragraphs (b), (c), (d)(2), and 
(e)(1)(ii) as follows:

Sec.  192.9  What requirements apply to gathering pipelines?

* * * * *
    (b) Offshore lines. An operator of an offshore gathering line must 
comply with requirements of this part applicable to transmission lines, 
except the requirements in Sec. Sec.  192.13(d), 192.150, 192.285(e), 
192.319(d) through (g), 192.461(f) through (i), 192.465(d) and (f), 
192.473(c), 192.485(c), 192.493, 192.506, 192.607, 192.613(c), 
192.619(e), 192.624, 192.710, 192.712, and 192.714, and in subpart O of 
this part. Further, operators of offshore gathering lines are exempt 
from the requirements of Sec. Sec.  192.617(b) through (d) and 192.635. 
Lastly, operators of offshore gathering lines are exempt from the 
requirements of Sec.  192.615 (but an operator of an offshore gathering 
line must comply with the requirements of 49 CFR 192.615, effective as 
of October 4, 2022).
    (c) Type A lines. An operator of a Type A regulated onshore 
gathering line must comply with the requirements of this part 
applicable to transmission lines, except the requirements in Sec. Sec.  
192.13(d), 192.150, 192.285(e), 192.319(d) through (g), 192.461(f) 
through (i), 192.465(d) and (f), 192.473(c), 192.485(c) 192.493, 
192.506, 192.607, 192.613(c), 192.619(e), 192.624, 192.710, 192.712, 
and 192.714, and in subpart O of this part. However, an operator of a 
Type A regulated onshore gathering line in a Class 2 location may 
demonstrate compliance with subpart N of this part by describing the 
processes it uses to determine the qualification of persons performing 
operations and maintenance tasks. Further, operators of Type A 
regulated onshore gathering lines are exempt from the requirements of 
Sec. Sec.  192.179(e) through (g), 192.610, 192.617(b) through (d), 
192.634, 192.635, 192.636, and 192.745(c) through (f). Lastly, 
operators of Type A regulated onshore gathering lines are exempt from 
the requirements of Sec.  192.615 (but an operator of a Type A 
regulated onshore gathering line must comply with the requirements of 
49 CFR 192.615, effective as of October 4, 2022).

[[Page 3716]]

    (d) * * *
    (2) If the pipeline is metallic, control corrosion according to 
requirements of subpart I of this part applicable to transmission 
lines, except the requirements in Sec. Sec.  192.461(f) through (i), 
192.465(d) and (f), 192.473(c), 192.485(c), and 192.493;
* * * * *
    (e) * * *
    (1) * * *
    (ii) If the pipeline is metallic, control corrosion according to 
requirements of subpart I of this part applicable to transmission 
lines, except the requirements in Sec. Sec.  192.461(f) through (i), 
192.465(d) and (f), 192.473(c), 192.485(c), and 192.493;
* * * * *

Sec.  192.478  [Removed]

0
3. Remove Sec.  192.478.

0
4. Amend Sec.  192.714 by revising paragraphs (d)(1)(iv) and (v) to 
read as follows:

Sec.  192.714  Transmission lines: Repair criteria for onshore 
transmission pipelines.

* * * * *
    (d) * * *
    (1) * * *
    (iv) Metal loss preferentially affecting a detected longitudinal 
seam, if that seam was formed by direct current, low-frequency electric 
resistance welding, electric flash welding, or has a longitudinal joint 
factor less than 1.0, and the predicted failure pressure determined in 
accordance with Sec.  192.712(d) is less than 1.25 times the MAOP.
    (v) A crack or crack-like anomaly meeting any of the following 
criteria:
    (A) Crack depth plus any metal loss is greater than 50 percent of 
pipe wall thickness; or
    (B) Crack depth plus any metal loss is greater than the inspection 
tool's maximum measurable depth.
* * * * *

0
5. Amend Sec.  192.927 by revising paragraph (c)(4)(iii)(A) to read as 
follows:

Sec.  192.927  What are the requirements for using Internal Corrosion 
Direct Assessment (ICDA)?

* * * * *
    (c) * * *
    (4) * * *
    (iii) * * *
    (A) Conduct excavations of, and detailed examinations at, locations 
downstream from where the electrolytes might have entered the pipe to 
investigate and accurately characterize the nature, extent, and root 
cause of the corrosion; or
* * * * *

0
6. Amend Sec.  192.933 by revising paragraphs (d)(1)(iv) and (v) to 
read as follows:

Sec.  192.933  What actions must be taken to address integrity issues?

* * * * *
    (d) * * *
    (1) * * *
    (iv) Metal loss preferentially affecting a detected longitudinal 
seam, if that seam was formed by direct current, low-frequency electric 
resistance welding, electric flash welding, or has a longitudinal joint 
factor less than 1.0, and the predicted failure pressure determined in 
accordance with Sec.  192.712(d) is less than 1.25 times the MAOP.
    (v) A crack or crack-like anomaly meeting any of the following 
criteria:
    (A) Crack depth plus any metal loss is greater than 50 percent of 
pipe wall thickness; or
    (B) Crack depth plus any metal loss is greater than the inspection 
tool's maximum measurable depth.
* * * * *

    Issued in Washington, DC, on December 30, 2024, under authority 
delegated in 49 CFR 1.97.
Tristan H. Brown,
Deputy Administrator.
[FR Doc. 2025-00073 Filed 1-14-25; 8:45 am]
BILLING CODE 4910-60-P
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