[Federal Register Volume 87, Number 86 (Wednesday, May 4, 2022)]
[Rules and Regulations]
[Pages 26296-26299]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-09474]



[[Page 26296]]

=======================================================================
-----------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    \1\ 86 FR 63266 (``Final Rule'').
---------------------------------------------------------------------------

    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.
---------------------------------------------------------------------------

    \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)).
---------------------------------------------------------------------------

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 Sec.  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 Sec.  192.8, use the 
default specified minimum yield strength (``SMYS'') at Sec.  
192.107(b)(2) when the yield strength is not known. PHMSA is also 
issuing a technical correction amending Sec.  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 safety-related conditions, including 
when the pressure on a pipeline exceeds its MAOP. 86 FR at 63295 
(revising Sec.  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 Sec.  192.9(e)-(f) to 
establish MAOP pursuant to Sec.  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 Sec.  191.23(b)(1) to clarify that safety-related 
condition reporting of MAOP exceedances is not required for operators 
of gathering lines not required to establish an MAOP pursuant to 
Sec. Sec.  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 Sec.  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 Sec.  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 Sec.  192.8(c), 
operators that do not know the yield strength of a steel gathering line 
may use the 24,000 pounds-per-square-inch default yield strength 
specified at Sec.  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 Sec.  
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 Sec.  
192.8(c)(2) requires, at a minimum, knowledge only of . . . pressure of 
the pipeline.''), and 86 FR 63296 (codifying Table 1 to Sec.  
192.8(c)). However, PHMSA

[[Page 26297]]

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 Sec.  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 Sec.  192.619(a) or (c)(1), 
use either (i) an MAOP calculated consistent with the methods at Sec.  
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 Sec.  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 Sec.  192.8(a)(5)).
    Petitioners asked PHMSA to restrict the scope of this limitation to 
newly-constructed 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 safety-improving 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 Sec.  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 Sec.  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.
---------------------------------------------------------------------------

    \3\ Additional detail regarding the contents of that 
Supplemental Notice of Proposed Rulemaking will be announced in the 
Spring 2022 Unified Agenda.
---------------------------------------------------------------------------

    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 Sec.  
191.23(b)(1) relieves reporting requirements, the technical correction 
at Sec.  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 Sec.  192.8(a)(5) to only certain categories 
(newly built incidental gathering lines)

[[Page 26298]]

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.
---------------------------------------------------------------------------

    \4\ This 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.
    \5\ Small 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).
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    \7\ Doc. No. PHMSA-2011-0023-0488, at 35 (Nov. 14, 2021).
---------------------------------------------------------------------------

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 Sec.  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.
---------------------------------------------------------------------------

    \8\ Final Environmental Assessment, Doc. No. PHMSA-2011-0023 
(Nov. 2021).
---------------------------------------------------------------------------

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

[[Page 26299]]

requirements of Executive Order 13132 do not apply.\10\
---------------------------------------------------------------------------

    \9\ 64 FR 43255 (Aug. 10, 1999).
    \10\ Moreover, PHMSA determined that the Final Rule did not 
impose substantial direct compliance costs on State and local 
governments.
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

    \11\ 66 FR 28355 (May 22, 2001).
---------------------------------------------------------------------------

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.
---------------------------------------------------------------------------

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

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.
---------------------------------------------------------------------------

    \13\ 77 FR 26413 (May 4, 2012).
---------------------------------------------------------------------------

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 cross-reference 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

0
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.


0
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:


Sec.  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 Sec.  192.9(f)(1) of this subchapter and 
therefore not required to comply with Sec.  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

0
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.


0
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:


Sec.  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 Sec.  192.619(a) or (c)(1), the 
operator must either:
    (i) Calculate MAOP consistent with the methods at Sec.  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