26296 Federal Register / Vol. 87, No. 86 / Wednesday, May 4, 2022 / Rules and Regulations 

1 86 FR 63266 (‘‘Final Rule’’). 

2 Doc. No. PHMSA–2011–0023–0493 (Dec. 20, 

2021) (‘‘Petition’’). The Petition was accompanied 

by a Motion to Stay the rule (Doc. No. PHMSA– 

2011–0023–0492 (Dec. 20, 2021)). 

DEPARTMENT OF TRANSPORTATION 

Pipeline and Hazardous Materials 

Safety Administration 

49 CFR Parts 191 and 192 

[Docket No. PHMSA–2011–0023; Amdt. Nos. 

191–31; 192–131] 

RIN 2137–AF38 

Pipeline Safety: Safety of Gas 

Gathering Pipelines: Extension of 

Reporting Requirements, Regulation of 

Large, High-Pressure Lines, and Other 

Related Amendments: Response to a 

Petition for Reconsideration; Technical 

Corrections; Issuance of Limited 

Enforcement Discretion 

AGENCY: Pipeline and Hazardous 

Materials Safety Administration 

(PHMSA), Department of Transportation 

(DOT). 

ACTION: Final rule; response to petition 

for reconsideration; enforcement 

discretion; technical corrections. 

SUMMARY: PHMSA is alerting the public 

to its April 1, 2022, response denying a 

petition for reconsideration of the final 

rule titled ‘‘Safety of Gas Gathering 

Pipelines: Extension of Reporting 

Requirements, Regulation of Large, 

High-Pressure Lines, and Other Related 

Amendments.’’ This final rule also 

makes clarifications and two technical 

corrections to that rulemaking. Lastly, 

this final rule memorializes a limited 

enforcement discretion in connection 

with that rulemaking’s amendment of 

the regulatory definition of ‘‘incidental 

gathering.’’ 

DATES: This final rule is effective May 

16, 2022. The limited enforcement 

discretion is effective May 16, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Technical questions: Steve Nanney, 

Senior Technical Advisor, by telephone 

at 713–272–2855. 

General information: Sayler Palabrica, 

Transportation Specialist, by telephone 

at 202–366–0559. 

SUPPLEMENTARY INFORMATION: 

I. Response to Petition for 

Reconsideration 

On November 15, 2021, PHMSA 

published a final rule titled ‘‘Safety of 

Gas Gathering Pipelines: Extension of 

Reporting Requirements, Regulation of 

Large, High-Pressure Lines, and Other 

Related Amendments’’ 1 amending the 

Pipeline Safety Regulations at 49 CFR 

parts 191 and 192 to introduce reporting 

requirements for previously unregulated 

Types C and R gas gathering pipelines 

along with safety standards for Type C 

gas gathering pipelines. 

On December 15, 2021, the American 

Petroleum Institute and the GPA 

Midstream Association (collectively, 

‘‘Petitioners’’) submitted a Petition for 

Reconsideration of the final rule.2 On 

April 1, 2022, PHMSA issued a letter to 

the Petitioners with an accompanying 

Appendix (‘‘Response Letter’’) 

responding to the arguments made in 

the Petition and denying the Petition 

and the Motion to Stay. The Response 

Letter is available in the docket for this 

rulemaking at Doc. No. PHMSA–2011– 

0023–0504. 

II. Clarifications and Technical 

Corrections 

Although PHMSA denied the Petition 

for reasons articulated in the Response 

Letter, Petitioners raised certain 

elements of the final rule that could 

benefit from clarification or technical 

correction to facilitate operator 

compliance efforts. Specifically, 

PHMSA is (1) issuing a technical 

correction amending the safety-related 

condition report requirements in 

§ 191.23 consistent with statements in 

the preamble to the final rule, and (2) 

clarifying that operators may, when 

identifying Type C gas gathering lines 

pursuant to § 192.8, use the default 

specified minimum yield strength 

(‘‘SMYS’’) at § 192.107(b)(2) when the 

yield strength is not known. PHMSA is 

also issuing a technical correction 

amending § 192.8 to align the regulatory 

text with statements in the final rule 

facilitating operators’ consideration of 

maximum allowable operating pressure 

(‘‘MAOP’’) in making threshold 

determinations that gas gathering 

facilities qualify as Type C lines. 

A. Technical Correction To Clarify That 

Certain Type C Gathering Lines Do Not 

Need To Report MAOP Exceedances 

The final rule exempts all Type R 

gathering lines from part 191 

requirements to report certain safetyrelated conditions, including when the 

pressure on a pipeline exceeds its 

MAOP. 86 FR at 63295 (revising 

§ 191.23(b)(1)). However, the preamble 

to the final rule explained that 

exception was not meant to be limited 

to Type R gathering lines: Type C 

gathering lines with an outside diameter 

of less than 12.75 inches, which are not 

required by § 192.9(e)–(f) to establish 

MAOP pursuant to § 192.619, were to be 

excepted from the safety-related 

condition reporting requirement. 86 FR 

at 63275. As the Petition pointed out, 

PHMSA inadvertently omitted 

regulatory language codifying that 

exception. PHMSA is therefore issuing a 

technical correction revising 

§ 191.23(b)(1) to clarify that safetyrelated condition reporting of MAOP 

exceedances is not required for 

operators of gathering lines not required 

to establish an MAOP pursuant to 

§§ 192.9(e) and (f) and 192.619. 

B. Clarification That Operators May Use 

a Default SMYS for Identifying Type C 

Gathering Lines 

The final rule sets out in the Table 1 

to § 192.8(c)(2) the criteria for an 

operator to use in making the threshold 

determination that its pipelines are 

Type C. 86 FR at 63296. Among those 

criteria is a comparison of hoop stress 

to SMYS. The Petition requested that 

PHMSA revise regulatory text to provide 

that operators may use the default yield 

strength specified at § 192.107(b)(2) for 

the SMYS input for determining 

whether a steel gas gathering line is a 

Type C gathering line. 

As noted in the Response Letter, 

PHMSA declines to revise pertinent 

regulatory text as requested by the 

Petitioners. However, PHMSA agrees 

that there is value in clarifying that, in 

making the determination whether a 

gathering line is a Type C line pursuant 

to § 192.8(c), operators that do not know 

the yield strength of a steel gathering 

line may use the 24,000 pounds-persquare-inch default yield strength 

specified at § 192.107(b)(2) as a proxy 

for pipe SMYS used along with the 

pipeline operating hoop stress to 

determine the operating hoop stress 

percentage of pipe SMYS. 

C. Technical Correction for Determining 

Pressure in Identifying Type C Gathering 

Lines 

PHMSA also understands there is 

value in clarifying regulatory text 

pertaining to the operating pressure 

input in making the threshold 

determination of whether a gathering 

line is Type C pursuant to § 192.8(c). 

The final rule identifies operating 

pressure as an input to the threshold 

determination whether a pipeline 

facility is a Type C gathering line. 86 FR 

63291 (‘‘The Type C determination in 

§ 192.8(c)(2) requires, at a minimum, 

knowledge only of . . . pressure of the 

pipeline.’’), and 86 FR 63296 (codifying 

Table 1 to § 192.8(c)). However, PHMSA 


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Federal Register / Vol. 87, No. 86 / Wednesday, May 4, 2022 / Rules and Regulations 26297 

3Additional detail regarding the contents of that 

Supplemental Notice of Proposed Rulemaking will 

be announced in the Spring 2022 Unified Agenda. 

inadvertently omitted from the final 

rule’s regulatory text language codifying 

that operators would be able to 

reference historical operating pressure 

as an input to that threshold 

determination. 

PHMSA therefore is issuing a 

technical correction to remedy this 

omission. Specifically, PHMSA is 

introducing § 192.8(c)(4), which 

provides that gas gathering line 

operators may, in connection with the 

threshold determination that a facility is 

a Type C gathering line when no MAOP 

has been calculated consistent with 

§ 192.619(a) or (c)(1), use either (i) an 

MAOP calculated consistent with the 

methods at § 192.619(a) or (c)(1), or (ii) 

as a substitute for MAOP, the highest 

operating pressure to which the segment 

was subjected during the preceding five 

years. 

III. Limited Enforcement Discretion for 

Existing Incidental Gathering Lines 

PHMSA is also issuing a limited 

enforcement discretion addressing 

concerns raised in the Petition regarding 

the scope of the final rule’s amendment 

of § 192.8 limiting the use of the 

‘‘incidental gathering’’ designation. The 

final rule permitted continued use of an 

‘‘incidental gathering’’ designation, 

which allows operators to designate 

lines downstream from the termination 

of any gathering function as a gathering 

line rather than as a transmission line. 

For pipelines that are new, replaced, 

relocated, or otherwise changed after 

May 16, 2022, however, the final rule 

limited incidental gathering to no more 

than 10 miles from the furthermost 

downstream endpoint of gathering. (86 

FR 63295 (codifying § 192.8(a)(5)). 

Petitioners asked PHMSA to restrict 

the scope of this limitation to newlyconstructed lines, as they note that its 

application to projects involving the 

replacement, relocation, or change of 

gas gathering lines currently considered 

‘‘incidental gathering’’ would cause 

economic hardship on lines that would 

have to come into prompt compliance 

with the suite of part 192 requirements 

governing transmission lines. 

As stated in the Response Letter, 

PHMSA declines at this time to amend 

the final rule to limit the scope of the 

incidental gathering distance limitation 

as requested by Petitioners. However, 

PHMSA understands that the broad 

scope of the final rule distance 

limitation may discourage operators of 

existing incidental gathering lines from 

undertaking much needed safetyimproving repairs and replacement 

projects, which would subject those 

gathering lines to the more rigorous part 

192 requirements for transmission lines. 

Therefore, PHMSA will exercise its 

discretion, during the pendency of its 

consideration of amendments to 

§ 192.8(a)(5) to be announced in a 

forthcoming supplemental notice of 

proposed rulemaking (‘‘SNPRM’’) under 

RIN 2137–AF37,3 to enforce the final 

rule’s ten-mile limitation on ‘‘incidental 

gathering’’ only in connection with gas 

gathering lines that are newly 

construction after May 16, 2022. 

PHMSA will not, during the pendency 

of that rulemaking, enforce the final 

rule’s 10-mile limitation in connection 

with repair, replacement, or change of 

gathering lines existing on or before 

May 16, 2022 that are currently 

considered ‘‘incidental gathering’’ lines. 

PHMSA expects this limited 

enforcement discretion will remove any 

disincentive created by the final rule for 

operators of those legacy ‘‘incidental 

gathering’’ pipelines to undertake 

safety-enhancing replacement, 

relocation, or other projects on those 

lines while PHMSA considers within a 

rulemaking whether modification of 

§ 192.8(a)(5) is warranted. PHMSA will 

memorialize this enforcement discretion 

within implementation material for 

PHMSA inspectors and recommend that 

its state partners do the same. 

This document is a temporary notice 

of enforcement discretion. Regulated 

entities may rely on this notice as a 

temporary safeguard from Departmental 

enforcement as described herein. To the 

extent this notice includes guidance on 

how regulated entities may comply with 

existing regulations, it does not have the 

force and effect of law and is not meant 

to bind the regulated entities in any 

way. This enforcement discretion will 

remain in effect until further notice, 

aligned with the forthcoming SNPRM 

under RIN 2137–AF37. Nothing herein 

prohibits the PHMSA Office of Pipeline 

Safety from rescinding this limited 

exercise of its enforcement discretion 

and pursuing an enforcement action if it 

determines that a significant safety issue 

warrants doing so. Furthermore, nothing 

herein relieves operators from 

compliance with any other applicable 

provisions of PHMSA regulations or 

other law, and PHMSA reserves the 

right to exercise all of its other 

authorities. 

IV. Regulatory Analyses and Notices 

A. Statutory/Legal Authority 

Statutory authority for this 

document’s clarification and technical 

corrections to the final rule, as with the 

final rule itself (whose discussion of 

statutory authority at section IV.A., 86 

FR 63290, is incorporated herein by 

reference), is provided by the Federal 

Pipeline Safety Act (49 U.S.C. 60101 et 

seq.). The Secretary delegated his 

authority under the Federal Pipeline 

Safety Act to the PHMSA Administrator 

under 49 CFR 1.97. 

PHMSA finds it has good cause to 

make those clarification and technical 

corrections without notice and comment 

pursuant to section 553(b) of the 

Administrative Procedure Act (APA, 5 

U.S.C. 551, et seq.). 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 a rule 

without providing notice and an 

opportunity for public comment. As 

explained above, the textual alterations 

herein consist of a pair of technical 

corrections codifying statements in the 

final rule preamble that were 

inadvertently omitted from its 

amendatory text; they make no 

substantive changes to the final rule but 

merely facilitate its implementation by 

aligning the regulatory text and 

explanatory material in the final rule’s 

preamble. Because the final rule is the 

product of an extensive administrative 

record with numerous opportunities 

(including through written comments 

and the advisory committee) for public 

comment, PHMSA finds that additional 

comment on the technical corrections 

herein is unnecessary. 

The May 16, 2022 effective date of the 

revisions contained in this notice is 

authorized under both section 553(d)(1) 

and (3) of the APA. Section 553(d)(1) 

provides that a rule should take effect 

‘‘not less than 30 days’’ after publication 

in the Federal Register except for ‘‘a 

substantive rule which grants or 

recognizes an exemption or relieves a 

restriction,’’ while section 553(d)(3) 

allows for earlier effectiveness for good 

cause found by the agency and 

published within the rule. 5 U.S.C. 

553(d)(1), (3). ‘‘[T]he purpose of the 

thirty-day waiting period is to give 

affected parties a reasonable time to 

adjust their behavior before the final 

rule takes effect.’’ Omnipoint Corp. v. 

F.C.C., 78 F.3d 620, 630 (D.C. Cir. 1996). 

The technical correction at 

§ 191.23(b)(1) relieves reporting 

requirements, the technical correction at 

§ 192.8(c)(4) eases the threshold Type C 

determination by codifying an 

alternative method for calculating an 

operating pressure input, while the 

enforcement discretion expresses 

PHMSA’s intent to limit enforcement of 

§ 192.8(a)(5) to only certain categories 

(newly built incidental gathering lines) 


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4This requirement is subject to exceptions— 

which are not in any event applicable here because 

PHMSA has good cause to forego comment in 

adopting the technical correction herein. 

5Small Business Administration, ‘‘A Guide for 

Government Agencies: How to Comply with the 

Regulatory Flexibility Act’’ 55 (2017). 

6 Doc. No. PHMSA–2011–0023–0488, at 34–35 

(Nov. 14, 2021). 

7 Doc. No. PHMSA–2011–0023–0488, at 35 (Nov. 

14, 2021). 

8Final Environmental Assessment, Doc. No. 

PHMSA–2011–0023 (Nov. 2021). 

9 64 FR 43255 (Aug. 10, 1999). 

provided for in that provision. Each 

relieves regulatory requirements of the 

final rule and, in accordance with 5 

U.S.C. 553(d)(1), are effective May 16, 

2022. Moreover, PHMSA finds that good 

cause under Section 553(d)(3) supports 

making the revisions effective May 16, 

2022 because the technical corrections 

contained in this notice are entirely 

consistent with the final rule (which 

itself was published in November 2021) 

and in fact help promote timely 

compliance with the final rule’s 

requirements before its May 16, 2022, 

effective date. 

B. Executive Order 12866 and DOT 

Regulatory Policies and Procedures 

This document has been evaluated in 

accordance with existing policies and 

procedures and is considered not 

significant under Executive Order 12866 

(‘‘Regulatory Planning and Review’’) 

and DOT Order 2100.6A (‘‘Rulemaking 

and Guidance Procedures’’); therefore, 

this notice has not been reviewed by the 

Office of Management and Budget 

(OMB) under Executive Order 12866. 

PHMSA finds that neither the 

clarifications nor the technical 

corrections herein (in all respects 

consistent with the final rule) neither 

impose incremental compliance costs 

nor adversely affect safety. Additionally, 

PHMSA found in the Regulatory Impact 

Analysis that the incidental gathering 

provision of the final rule would have 

a minor cost. To the extent the 

enforcement discretion statement 

contained in this notice results in fewer 

safety requirements applied to existing 

incidental gathering lines greater than 

10 miles that are modified or replaced, 

the notice may lead to reduced costs of 

compliance and reduced safety and 

environmental benefits. However, the 

amount of existing incidental gathering 

lines 10 or more miles long is believed 

to be low and the portion of those lines 

that will be modified or replaced while 

the enforcement discretion is in effect is 

also likely to be low. Overall, PHMSA 

expects any impacts on the expected 

costs and benefits of the final rule will 

be negligible. 

C. Regulatory Flexibility Act 

The Regulatory Flexibility Act, as 

amended by the Small Business 

Regulatory Flexibility Fairness Act of 

1996 (5 U.S.C. 601 et seq.), generally 

requires Federal regulatory agencies to 

prepare a Final Regulatory Flexibility 

Analysis (FRFA) for a final rule subject 

to notice-and-comment rulemaking 

under the APA. 5 U.S.C. 604(a).4 The 

Small Business Administration’s 

implementing guidance explains that 

‘‘[i]f an NPRM is not required, the RFA 

does not apply.’’ 5 Because PHMSA has 

‘‘good cause’’ under the APA to forego 

comment on the technical corrections 

herein, no FRFA is required. Moreover, 

PHMSA prepared a FRFA for the final 

rule, which is available in the docket for 

this rulemaking; 6 because the technical 

corrections herein will impose no new 

incremental compliance costs, PHMSA 

understands the analysis in that FRFA 

remains unchanged. 

D. Paperwork Reduction Act 

The clarifications and technical 

corrections in this notice impose no 

new or revised information collection 

requirements beyond those discussed in 

the final rule. 

E. Unfunded Mandates Reform Act of 

1995 

PHMSA analyzed the clarifications 

and technical corrections in this notice 

under the factors in the Unfunded 

Mandates Reform Act of 1995 (UMRA, 

2 U.S.C. 1501 et seq.) and determined 

that the technical corrections to the final 

rule herein do not impose enforceable 

duties on State, local, or Tribal 

governments or on the private sector of 

$100 million or more, adjusted for 

inflation, in any one year. PHMSA 

prepared an analysis of the UMRA 

considerations in the final RIA for the 

final rule, which is available in the 

docket for the rulemaking.7 Because the 

clarifications and technical corrections 

herein will impose no new incremental 

compliance costs, PHMSA understands 

the analysis in that UMRA discussion 

for the final rule remains unchanged. 

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 final rule in 

accordance with NEPA, implementing 

Council on Environmental Quality 

regulations (40 CFR parts 1500–1508), 

and DOT implementing policies (DOT 

Order 610.1C, ‘‘Procedures for 

Considering Environmental Impacts’’) 

and determined the final rule would not 

significantly affect the quality of the 

human environment.8 The clarifications 

and technical corrections to the final 

rule in this notice have no effect on 

PHMSA’s earlier NEPA analysis as they 

are consistent, and merely facilitate 

compliance with, the final rule. PHMSA 

acknowledges that the limited 

enforcement discretion in Section III 

above could result in some existing 

‘‘incidental’’ gas gathering lines that are 

replaced, relocated, or changed 

remaining subject to less rigorous part 

192 safety requirements than if those 

lines were to be regulated as 

transmission lines consistent with the 

final rule’s revisions to § 192.8. 

However, PHMSA expects that the 

enforcement discretion could improve 

public safety and environmental 

protection in some cases, as it removes 

potential inhibitions for some of those 

operators undertaking safety-enhancing 

repair, replacement, or change projects 

on their facilities. With these offsetting 

considerations in mind, PHMSA finds 

that the limited enforcement discretion 

herein would result in no significant 

impact on the human environment. 

G. Privacy Act Statement 

In accordance with 5 U.S.C. 553(c), 

DOT solicits comments from the public 

to inform its rulemaking process. DOT 

posts these comments, without edit, 

including any personal information the 

commenter provides, to 

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 this notice in 

accordance with the principles and 

criteria contained in Executive Order 

13132 (‘‘Federalism’’).9 The 

clarifications and technical corrections 

herein are consistent, and merely 

facilitate compliance with, the final 

rule, and do not have 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 beyond what was 

accounted for in the final rule. It does 

not contain any provision that imposes 

any substantial direct compliance costs 

on State and local governments, nor any 

new provision that preempts State law. 

Therefore, the consultation and funding 


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10Moreover, PHMSA determined that the Final 

Rule did not impose substantial direct compliance 

costs on State and local governments. 

11 66 FR 28355 (May 22, 2001). 

12 65 FR 67249 (Nov. 6, 2000). 

13 77 FR 26413 (May 4, 2012). 

requirements of Executive Order 13132 

do not apply.10

I. Executive Order 13211 

PHMSA analyzed the final rule and 

determined that the requirements of 

Executive Order 13211 (‘‘Actions 

Concerning Regulations that 

Significantly Affect Energy Supply, 

Distribution, or Use’’) 11 did not apply. 

The clarifications and technical 

corrections to the final rule herein are 

not a ‘‘significant energy action’’ under 

Executive Order 13211 either as they are 

not likely to have a significant adverse 

effect on supply, distribution, or energy 

use. Further, OMB has not designated 

these clarifications and revisions as a 

significant energy action. 

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’’) 12

and DOT Order 5301.1 (‘‘Department of 

Transportation Policies, Programs, and 

Procedures Affecting American Indians, 

Alaska Natives, and Tribes’’). Because 

none of the clarifications and technical 

revisions 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. 

K. Executive Order 13609 and 

International Trade Analysis 

Under Executive Order 13609 

(‘‘Promoting International Regulatory 

Cooperation’’),13 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. The clarifications and 

technical corrections to the final rule in 

this notice do not impact international 

trade. 

L. Regulation Identifier Number (RIN) 

A regulation identifier number (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 document can be used to crossreference this action with the Unified 

Agenda. 

List of Subjects 

49 CFR Part 191 

MAOP exceedance, Pipeline reporting 

requirements. 

49 CFR Part 192 

Integrity assessments, MAOP 

reconfirmation, Material verification, 

Pipeline safety, Predicted failure 

pressure, Reporting and record-keeping 

requirements, Risk assessment, Safety 

devices. 

In consideration of the foregoing, 

PHMSA amends 49 CFR parts 191 and 

192 as follows: 

PART 191—TRANSPORTATION OF 

NATURAL AND OTHER GAS BY 

PIPELINE; ANNUAL, INCIDENT, AND 

OTHER REPORTING 

■ 1. The authority citation for part 191 

continues to read as follows: 

Authority: 30 U.S.C. 185(w)(3), 49 U.S.C. 

5121, 60101 et seq., and 49 CFR 1.97. 

■ 2. Section 191.23, as amended 

November 15, 2021, at 86 FR 63295, and 

effective May 16, 2022, is further 

amended by revising paragraph (b)(1) to 

read as follows: 

§ 191.23 Reporting safety-related 

conditions. 

* * * * * 

(b) * * * 

(1) Exists on a master meter system, 

a reporting-regulated gathering pipeline, 

a Type C gas gathering pipeline with an 

outside diameter of 12.75 inches or less, 

a Type C gas gathering pipeline covered 

by the exception in § 192.9(f)(1) of this 

subchapter and therefore not required to 

comply with § 192.9(e)(2)(ii), or a 

customer-owned service line; 

* * * * * 

PART 192—TRANSPORTATION OF 

NATURAL AND OTHER GAS BY 

PIPELINE: MINIMUM FEDERAL 

SAFETY STANDARDS 

■ 3. 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. 

■ 4. Section 192.8, as amended 

November 15, 2021, at 86 FR 63295, and 

effective May 16, 2022, is further 

amended by adding paragraph (c)(4) to 

read as follows: 

§ 192.8 How are onshore gathering 

pipelines and regulated onshore gathering 

pipelines determined? 

* * * * * 

(c) * * * 

(4) For the purpose of identifying 

Type C lines in table 1 to paragraph 

(c)(2) of this section, if an operator has 

not calculated MAOP consistent with 

the methods at § 192.619(a) or (c)(1), the 

operator must either: 

(i) Calculate MAOP consistent with 

the methods at § 192.619(a) or (c)(1); or 

(ii) Use as a substitute for MAOP the 

highest operating pressure to which the 

segment was subjected during the 

preceding 5 operating years. 

Issued in Washington, DC, on April 28, 

2022, under authority delegated in 49 CFR 

1.97. 

Tristan H. Brown, 

Deputy Administrator. 

[FR Doc. 2022–09474 Filed 5–3–22; 8:45 am] 

BILLING CODE 4910–60–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 635 

[Docket No. 180117042–8884–02] 

RIN 0648–XB936 

Atlantic Highly Migratory Species; 

Atlantic Bluefin Tuna Fisheries 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; inseason 

retention limit adjustment. 

SUMMARY: NMFS has determined, based 

on consideration of the regulatory 

determination criteria regarding 

inseason adjustments, that the Atlantic 

bluefin tuna (BFT) daily retention limit 

that applies to Highly Migratory Species 

(HMS) Angling and HMS Charter/ 

Headboat permitted vessels (when 

fishing recreationally for BFT) should be 

adjusted for the remainder of 2022. 

NMFS is adjusting the Angling category 

BFT daily retention limit from the 

default of one school, large school, or 

small medium BFT to: Two school BFT 

and one large school/small medium BFT 

per vessel per day/trip for private 

vessels with HMS Angling permits; 


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