Pipeline Safety: Periodic Updates of Regulatory References to Technical Standards and Miscellaneous Amendments; Technical Correction, 53880-53882 [2024-14115]
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53880
Federal Register / Vol. 89, No. 125 / Friday, June 28, 2024 / Rules and Regulations
List of Subjects in 49 CFR Part 192
Gas, Natural Gas, Pipeline Safety,
Reporting and Recordkeeping
Requirements.
In consideration of the foregoing,
PHMSA makes the following correcting
amendments to 49 CFR part 192:
PART 192—TRANSPORTATION OF
NATURAL GAS AND OTHER GAS BY
PIPELINE: MINIMUM FEDERAL
SAFETY STANDARDS
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.
2. Amend § 192.617 by revising
paragraphs (b), (c) introductory text, and
(d) to read as follows:
■
§ 192.617 Investigation of failures and
incidents.
khammond on DSKJM1Z7X2PROD with RULES
*
*
*
*
*
(b) Post-failure and incident lessons
learned. Each operator of a transmission
or distribution pipeline must develop,
implement, and incorporate lessons
learned from a post-failure or incident
review into its written procedures,
including personnel training and
qualification programs; and design,
construction, testing, maintenance,
operations, and emergency procedure
manuals and specifications.
(c) Analysis of rupture and valve
shutoffs. If an incident on an onshore
gas transmission pipeline involves the
closure of a rupture-mitigation valve
(RMV), as defined at § 192.3, or the
closure of alternative equivalent
technology, the operator of the pipeline
must also conduct a post-incident
analysis of all of the factors that may
have impacted the release volume and
the consequences of the incident and
identify and implement operations and
maintenance measures to prevent or
minimize the consequences of a future
incident. The requirements of this
paragraph (c) are not applicable to gas
distribution or gas gathering pipelines.
The analysis must include all relevant
factors impacting the release volume
and consequences, including, but not
limited to, the following:
*
*
*
*
*
(d) Rupture post-failure and incident
summary. If a failure or incident on an
onshore gas transmission pipeline
involves the identification of a rupture
following a notification of potential
rupture, or the closure of an RMV (as
those terms are defined at § 192.3), or
the closure of an alternative equivalent
technology, the operator of the pipeline
must complete a summary of the postfailure or incident review required by
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15:52 Jun 27, 2024
Jkt 262001
paragraph (c) of this section within 90
days of the incident, and while the
investigation is pending, conduct
quarterly status reviews until the
investigation is complete and a final
post-incident summary is prepared. The
final post-failure or incident summary,
and all other reviews and analyses
produced under the requirements of this
section, must be reviewed, dated, and
signed by the’operator’s appropriate
senior executive officer. The final postfailure or incident summary, all
investigation and analysis documents
used to prepare it, and records of
lessons learned must be kept for the
useful life of the pipeline. The
requirements of this paragraph (d) are
not applicable to gas distribution or gas
gathering pipelines.
■ 3. Amend § 192.635 by adding
paragraph (c) to read as follows:
Technical Information: Rod Seeley by
phone at 281–513–1741 or by email at
rodrick.m.seeley@dot.gov.
Regulatory Information: Brianna
Wilson by phone at 771–215–0969 or by
email at brianna.wilson@dot.gov.
SUPPLEMENTARY INFORMATION:
[FR Doc. 2024–14116 Filed 6–27–24; 8:45 am]
I. Background and Need for Technical
Correction
On April 29, 2024, PHMSA published
a final rule titled ‘‘Pipeline Safety:
Periodic Updates of Regulatory
References to Technical Standards and
Miscellaneous Amendments,’’ 1 which
incorporates by reference all or parts of
more than 20 new or updated voluntary,
consensus industry technical standards.
The amendments in the final rule allow
pipeline operators to use current
technologies, improved materials, and
updated industry and management
practices. Additionally, the final rule
clarified certain regulatory provisions
and made several editorial corrections.
This notice identifies a technical
correction at 49 CFR 192.121(c)(2)(iv),
as set forth below. The final rule
inadvertently deleted or omitted text
found at Table 1 under
§ 192.121(c)(2)(iv). The publication of
this correction is needed to ensure that
the final rule reads as intended.
BILLING CODE 4910–60–P
II. Regulatory Analyses and Notices
§ 192.635
Notification of potential rupture.
*
*
*
*
*
(c) This section does not apply to any
gas gathering line.
Issued in Washington, DC, on June 20,
2024, under authority delegated in 49 CFR
1.97.
Tristan H. Brown,
Deputy Administrator.
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials
Safety Administration
49 CFR Parts 192
[Docket No. PHMSA–2016–0002; Amdt. No.
192–137]
RIN 2137–AF13
Pipeline Safety: Periodic Updates of
Regulatory References to Technical
Standards and Miscellaneous
Amendments; Technical Correction
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), DOT.
ACTION: Final rule; correction.
AGENCY:
PHMSA is issuing a technical
correction to regulations promulgated in
its April 29, 2024, final rule titled
‘‘Periodic Updates of Regulatory
References to Technical Standards and
Miscellaneous Amendments.’’ The
correction addresses text that was
inadvertently deleted or omitted by the
final rule.
DATES: This correction is effective June
28, 2024.
FOR FURTHER INFORMATION CONTACT:
SUMMARY:
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A. Statutory/Legal Authority
Statutory authority for this notice’s
correction to the final rule, as with the
final rule itself, whose discussion of
statutory authority at Section VI., 89 FR
33264, is adopted 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 this correction 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 an editorial and
technical correction, including revision
to or codification of regulatory language
inadvertently deleted or omitted by the
final rule, consistent with statements in
the administrative record. The technical
1 89
E:\FR\FM\28JNR1.SGM
FR 33264 (Apr. 29, 2024).
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Federal Register / Vol. 89, No. 125 / Friday, June 28, 2024 / Rules and Regulations
correction makes no substantive
changes to the final rule but merely
facilitate its implementation by aligning
the regulatory text with the explanatory
material in the final rule’s preamble,
amendatory text, and administrative
record. Because the final rule is the
product of an extensive administrative
record with numerous opportunities for
public comment, including through
written comments and the Pipeline
Advisory Committees, PHMSA finds
that additional comment on the
correction herein is unnecessary.
The immediate effective date of the
correction contained in this document is
authorized under 5 U.S.C. 553(d)(3) of
the APA. Section 553(d)(3) provides that
a rule should take effect ‘‘not less than
30 days’’ after publication in the
Federal Register, except for when good
cause is found by the agency and
published within the rule, thus allowing
for earlier effectiveness. 5 U.S.C.
553(d)(3). ‘‘[T]he purpose of the thirtyday 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). PHMSA
finds that good cause under section
553(d)(3) of the APA supports making
the revisions effective upon publication
in the Federal Register because the
editorial and technical correction at
§ 192.121 (c)(2)(iv) is consistent with the
preamble of the final rule and Advisory
Committee discussions on the subject.
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B. Executive Order 12866 and 14094,
and DOT Regulatory Policies and
Procedures
This correction has been evaluated in
accordance with existing policies and
procedures and is considered not
significant under each of Executive
Orders 12866 (‘‘Regulatory Planning and
Review’’) 2 and 14094 (‘‘Modernizing
Regulatory Review’’),3 and DOT Order
2100.6A (‘‘Rulemaking and Guidance
Procedures’’); therefore, this notice has
not been reviewed by the Office of
Management and Budget (OMB).
PHMSA finds that the editorial and
technical correction herein, in all
respects consistent with the final rule,
imposes no incremental compliance
costs nor adversely affects safety, as it
merely corrects a non-substantive
typographical error made during the
drafting of the final rule and restores the
intent of the final rule as discussed in
its preamble and supporting
documentation.
2 58
3 88
FR 51735, (Oct. 4, 1993).
FR 21879 (Apr. 11, 2023).
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15:52 Jun 27, 2024
Jkt 262001
C. Regulatory Flexibility Act, Executive
Order 13272, and DOT Policies and
Procedures
The Regulatory Flexibility Act (5
U.S.C. 601 et seq.) requires agencies to
review regulations to assess their impact
on small entities unless the agency head
certifies that a rulemaking will not have
a significant economic impact on a
substantial number of small entities
including small businesses, not-forprofit organizations that are
independently owned and operated and
are not dominant in their fields, and
governmental jurisdictions with
populations under 50,000. The
Regulatory Flexibility Act directs
agencies to establish exceptions and
differing compliance standards for small
businesses, where possible to do so and
still meet the objectives of applicable
regulatory statutes. Executive Order
13272 (‘‘Proper Consideration of Small
Entities in Agency Rulemaking’’) 4
requires agencies to establish
procedures and policies to promote
compliance with the Regulatory
Flexibility Act and to ‘‘thoroughly
review draft rules to assess and take
appropriate account of the potential
impact’’ of the rules on small
businesses, governmental jurisdictions,
and small organizations. The DOT posts
its implementing guidance on a
dedicated web page.5
As explained in the Final Regulatory
Flexibility Analysis (FRFA), PHMSA
found that the final rule would not have
a significant impact on a substantial
number of small entities.6 Therefore,
PHMSA expects that these corrections—
like the amendments in the final rule—
will not have a significant economic
impact on a substantial number of small
entities. Because the technical
corrections herein will impose no new
incremental compliance costs, PHMSA
understands the analysis in the FRFA
remains unchanged.
D. Paperwork Reduction Act
The correction in this document
imposes no new or revised information
collection requirements beyond those
discussed in the final rule.
E. Unfunded Mandates Reform Act of
1995
PHMSA analyzed the correction in
this notice under the factors in the
Unfunded Mandates Reform Act of 1995
(UMRA, 2 U.S.C. 1501 et seq.) and
4 67
FR 53461 (Aug. 16, 2002).
‘‘Rulemaking Requirements Related to
Small Entities,’’ https://www.transportation.gov/
regulations/rulemaking-requirements-concerningsmall-entities (last accessed June 17, 2021).
6 89 FR 33264, 33276.
5 DOT,
PO 00000
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Fmt 4700
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53881
determined that the corrections to the
final rule herein 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.
PHMSA prepared an analysis of the
UMRA considerations in the final rule,
which is available in the docket for the
rulemaking. Because the correction
herein will impose no new incremental
compliance costs, the analysis in that
UMRA discussion for the final rule
remains unchanged.
F. Environmental Assessment
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 5610.1C, ‘‘Procedures for
Considering Environmental Impacts’’)
and determined the final rule would not
significantly affect the quality of the
human environment.7 The correction to
the final rule in this notice has no effect
on PHMSA’s earlier NEPA analysis, as
it is consistent with, and facilitates
compliance with, the final rule.
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 this correction
in accordance with the principles and
criteria contained in Executive Order
13132 (‘‘Federalism’’).8 The correction
herein is consistent with, and facilitates
compliance with, the final rule, and
does not have any substantial direct
effect on the States, the relationship
between the Federal 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. This
notice does not contain any provision
that imposes any substantial direct
compliance costs on State or local
7 89
8 64
E:\FR\FM\28JNR1.SGM
FR 33264, 33276–78 (Apr. 29, 2024).
FR 43255 (Aug. 10, 1999).
28JNR1
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Federal Register / Vol. 89, No. 125 / Friday, June 28, 2024 / Rules and Regulations
governments, nor any new provision
that preempts State law. Therefore, the
consultation and funding requirements
of Executive Order 13132 do not apply.
I. Executive Order 13211
Executive Order 13211 (‘‘Actions
Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use’’) 9 requires federal
agencies to prepare a Statement of
Energy Effects for any ‘‘significant
energy action.’’ The correction herein
does not invoke any issues under
Executive Order 13211.
khammond on DSKJM1Z7X2PROD with RULES
J. Executive Order 13175
This correction was analyzed in
accordance with the principles and
criteria contained in Executive Order
13175 (‘‘Consultation and Coordination
with Indian Tribal Governments’’) 10
and DOT Order 5301.1A (‘‘Department
of Transportation Tribal Consultation
Policies and Procedures’’). Executive
Order 13175 and DOT Order 5301.1A
require DOT Operating Administrations
to assure meaningful and timely input
from Native American tribal government
representatives in the development of
rules that significantly or uniquely
affect tribal communities by imposing
‘‘substantial direct compliance costs’’ or
‘‘substantial direct effects’’ on such
communities, or the relationship and
distribution of power between the
Federal Government and Native
American tribes. Because the correction
herein does not 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’’),11 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
9 66
FR 28355 (May 22, 2001).
10 65 FR 67249 (Nov. 6, 2000).
11 77 FR 26413 (May 4, 2012).
VerDate Sep<11>2014
15:52 Jun 27, 2024
requirements. The correction to the final
rule in this notice does not impact
international trade.
L. National Technology Transfer and
Advancement Act
The National Technology Transfer
and Advancement Act of 1995 (15
U.S.C. 272 note) directs federal agencies
to use voluntary consensus standards in
their regulatory activities unless doing
so would be inconsistent with
applicable law or otherwise impractical.
Voluntary consensus standards are
technical standards (e.g., specification
of materials, test methods, or
performance requirements) that are
developed or adopted by voluntary
consensus standard bodies. The final
rule adopted more than 20 new or
updated voluntary, consensus industry
technical standards. The correction
herein does not change the final rule’s
analysis.
M. Cybersecurity and Executive Order
14028
Executive Order 14028 (‘‘Improving
the Nation’s Cybersecurity’’) 12 directed
the federal government to improve its
efforts to identify, deter, and respond to
‘‘persistent and increasingly
sophisticated malicious cyber
campaigns.’’ The correction herein does
not invoke any cybersecurity issues.
N. Severability
This correction does not present any
issues with severability.
TABLE 1 TO PARAGRAPH (c)(2)(iv)
PE pipe: minimum wall thickness and SDR values
Minimum wall
thickness
(inches)
Pipe size
(inches)
⁄ ″ CTS ...............
⁄ ″ IPS ................
3⁄4″ CTS ...............
3⁄4″ IPS ................
1″ CTS .................
1″ IPS ..................
11⁄4″ CTS .............
11⁄4″ IPS ..............
11⁄2″ IPS ..............
2″ .........................
3″ .........................
4″ .........................
6″ .........................
8″ .........................
10″ .......................
12″ .......................
16″ .......................
18″ .......................
20″ .......................
22″ .......................
24″ .......................
0.090
0.090
0.090
0.095
0.099
0.119
0.121
0.151
0.173
0.216
0.259
0.265
0.315
0.411
0.512
0.607
0.762
0.857
0.952
1.048
1.143
12
12
*
*
*
Corresponding
dimension
ratio (values)
*
7
9.3
9.7
11
11
11
11
11
11
11
13.5
17
21
21
21
21
21
21
21
21
21
*
Issued in Washington, DC, on June 20,
2024, under authority delegated in 49 CFR
1.97.
Tristan H. Brown,
Deputy Administrator.
[FR Doc. 2024–14115 Filed 6–27–24; 8:45 am]
BILLING CODE 4910–60–P
O. 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 document can be
used to cross-reference this action with
the Unified Agenda.
DEPARTMENT OF COMMERCE
List of Subjects in 49 CFR Part 192
Incorporation by reference, Pipeline
safety, Natural gas.
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; 2024
Commercial Closure for Gag in the
South Atlantic
Correction
AGENCY:
In FR Doc. 2024–08624 that appears
on page 33281 of the Federal Register
on Monday, April 29, 2024, the
following correction is made:
■ 1. On page 33281, in column 1, in
amendatory instruction 8, paragraph
(c)(2)(iv) is corrected to read as follows:
§ 192.121
*
[Corrected]
*
*
(c) * * *
12 86
Jkt 262001
(2) * * *
(iv) The wall thickness for a given
outside diameter is not less than that
listed in Table 1 to this paragraph
(c)(2)(iv):
PO 00000
*
*
FR 26633 (May 17, 2021).
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National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 140819686–5999–02; RTID
0648–XE065]
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
NMFS implements an
accountability measure for the
commercial sector of gag in South
Atlantic Federal waters. NMFS projects
that commercial landings of gag will
reach the adjusted commercial quota for
2024. Therefore, NMFS closes the
commercial sector of gag in South
SUMMARY:
E:\FR\FM\28JNR1.SGM
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Agencies
[Federal Register Volume 89, Number 125 (Friday, June 28, 2024)]
[Rules and Regulations]
[Pages 53880-53882]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-14115]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 192
[Docket No. PHMSA-2016-0002; Amdt. No. 192-137]
RIN 2137-AF13
Pipeline Safety: Periodic Updates of Regulatory References to
Technical Standards and Miscellaneous Amendments; Technical Correction
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
DOT.
ACTION: Final rule; correction.
-----------------------------------------------------------------------
SUMMARY: PHMSA is issuing a technical correction to regulations
promulgated in its April 29, 2024, final rule titled ``Periodic Updates
of Regulatory References to Technical Standards and Miscellaneous
Amendments.'' The correction addresses text that was inadvertently
deleted or omitted by the final rule.
DATES: This correction is effective June 28, 2024.
FOR FURTHER INFORMATION CONTACT:
Technical Information: Rod Seeley by phone at 281-513-1741 or by
email at [email protected].
Regulatory Information: Brianna Wilson by phone at 771-215-0969 or
by email at [email protected].
SUPPLEMENTARY INFORMATION:
I. Background and Need for Technical Correction
On April 29, 2024, PHMSA published a final rule titled ``Pipeline
Safety: Periodic Updates of Regulatory References to Technical
Standards and Miscellaneous Amendments,'' \1\ which incorporates by
reference all or parts of more than 20 new or updated voluntary,
consensus industry technical standards. The amendments in the final
rule allow pipeline operators to use current technologies, improved
materials, and updated industry and management practices. Additionally,
the final rule clarified certain regulatory provisions and made several
editorial corrections. This notice identifies a technical correction at
49 CFR 192.121(c)(2)(iv), as set forth below. The final rule
inadvertently deleted or omitted text found at Table 1 under Sec.
192.121(c)(2)(iv). The publication of this correction is needed to
ensure that the final rule reads as intended.
---------------------------------------------------------------------------
\1\ 89 FR 33264 (Apr. 29, 2024).
---------------------------------------------------------------------------
II. Regulatory Analyses and Notices
A. Statutory/Legal Authority
Statutory authority for this notice's correction to the final rule,
as with the final rule itself, whose discussion of statutory authority
at Section VI., 89 FR 33264, is adopted 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 this correction 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 an editorial and technical correction,
including revision to or codification of regulatory language
inadvertently deleted or omitted by the final rule, consistent with
statements in the administrative record. The technical
[[Page 53881]]
correction makes no substantive changes to the final rule but merely
facilitate its implementation by aligning the regulatory text with the
explanatory material in the final rule's preamble, amendatory text, and
administrative record. Because the final rule is the product of an
extensive administrative record with numerous opportunities for public
comment, including through written comments and the Pipeline Advisory
Committees, PHMSA finds that additional comment on the correction
herein is unnecessary.
The immediate effective date of the correction contained in this
document is authorized under 5 U.S.C. 553(d)(3) of the APA. Section
553(d)(3) provides that a rule should take effect ``not less than 30
days'' after publication in the Federal Register, except for when good
cause is found by the agency and published within the rule, thus
allowing for earlier effectiveness. 5 U.S.C. 553(d)(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).
PHMSA finds that good cause under section 553(d)(3) of the APA supports
making the revisions effective upon publication in the Federal Register
because the editorial and technical correction at Sec. 192.121
(c)(2)(iv) is consistent with the preamble of the final rule and
Advisory Committee discussions on the subject.
B. Executive Order 12866 and 14094, and DOT Regulatory Policies and
Procedures
This correction has been evaluated in accordance with existing
policies and procedures and is considered not significant under each of
Executive Orders 12866 (``Regulatory Planning and Review'') \2\ and
14094 (``Modernizing Regulatory Review''),\3\ and DOT Order 2100.6A
(``Rulemaking and Guidance Procedures''); therefore, this notice has
not been reviewed by the Office of Management and Budget (OMB). PHMSA
finds that the editorial and technical correction herein, in all
respects consistent with the final rule, imposes no incremental
compliance costs nor adversely affects safety, as it merely corrects a
non-substantive typographical error made during the drafting of the
final rule and restores the intent of the final rule as discussed in
its preamble and supporting documentation.
---------------------------------------------------------------------------
\2\ 58 FR 51735, (Oct. 4, 1993).
\3\ 88 FR 21879 (Apr. 11, 2023).
---------------------------------------------------------------------------
C. Regulatory Flexibility Act, Executive Order 13272, and DOT Policies
and Procedures
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
agencies to review regulations to assess their impact on small entities
unless the agency head certifies that a rulemaking will not have a
significant economic impact on a substantial number of small entities
including small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations under 50,000. The
Regulatory Flexibility Act directs agencies to establish exceptions and
differing compliance standards for small businesses, where possible to
do so and still meet the objectives of applicable regulatory statutes.
Executive Order 13272 (``Proper Consideration of Small Entities in
Agency Rulemaking'') \4\ requires agencies to establish procedures and
policies to promote compliance with the Regulatory Flexibility Act and
to ``thoroughly review draft rules to assess and take appropriate
account of the potential impact'' of the rules on small businesses,
governmental jurisdictions, and small organizations. The DOT posts its
implementing guidance on a dedicated web page.\5\
---------------------------------------------------------------------------
\4\ 67 FR 53461 (Aug. 16, 2002).
\5\ DOT, ``Rulemaking Requirements Related to Small Entities,''
https://www.transportation.gov/regulations/rulemaking-requirements-concerning-small-entities (last accessed June 17, 2021).
---------------------------------------------------------------------------
As explained in the Final Regulatory Flexibility Analysis (FRFA),
PHMSA found that the final rule would not have a significant impact on
a substantial number of small entities.\6\ Therefore, PHMSA expects
that these corrections--like the amendments in the final rule--will not
have a significant economic impact on a substantial number of small
entities. Because the technical corrections herein will impose no new
incremental compliance costs, PHMSA understands the analysis in the
FRFA remains unchanged.
---------------------------------------------------------------------------
\6\ 89 FR 33264, 33276.
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D. Paperwork Reduction Act
The correction in this document imposes no new or revised
information collection requirements beyond those discussed in the final
rule.
E. Unfunded Mandates Reform Act of 1995
PHMSA analyzed the correction 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 corrections to the final rule herein 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. PHMSA prepared an analysis of the UMRA
considerations in the final rule, which is available in the docket for
the rulemaking. Because the correction herein will impose no new
incremental compliance costs, the analysis in that UMRA discussion for
the final rule remains unchanged.
F. Environmental Assessment
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 5610.1C,
``Procedures for Considering Environmental Impacts'') and determined
the final rule would not significantly affect the quality of the human
environment.\7\ The correction to the final rule in this notice has no
effect on PHMSA's earlier NEPA analysis, as it is consistent with, and
facilitates compliance with, the final rule.
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\7\ 89 FR 33264, 33276-78 (Apr. 29, 2024).
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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 this correction in accordance with the
principles and criteria contained in Executive Order 13132
(``Federalism'').\8\ The correction herein is consistent with, and
facilitates compliance with, the final rule, and does not have any
substantial direct effect on the States, the relationship between the
Federal 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. This notice does not contain any
provision that imposes any substantial direct compliance costs on State
or local
[[Page 53882]]
governments, nor any new provision that preempts State law. Therefore,
the consultation and funding requirements of Executive Order 13132 do
not apply.
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\8\ 64 FR 43255 (Aug. 10, 1999).
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I. Executive Order 13211
Executive Order 13211 (``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use'') \9\
requires federal agencies to prepare a Statement of Energy Effects for
any ``significant energy action.'' The correction herein does not
invoke any issues under Executive Order 13211.
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\9\ 66 FR 28355 (May 22, 2001).
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J. Executive Order 13175
This correction was analyzed in accordance with the principles and
criteria contained in Executive Order 13175 (``Consultation and
Coordination with Indian Tribal Governments'') \10\ and DOT Order
5301.1A (``Department of Transportation Tribal Consultation Policies
and Procedures''). Executive Order 13175 and DOT Order 5301.1A require
DOT Operating Administrations to assure meaningful and timely input
from Native American tribal government representatives in the
development of rules that significantly or uniquely affect tribal
communities by imposing ``substantial direct compliance costs'' or
``substantial direct effects'' on such communities, or the relationship
and distribution of power between the Federal Government and Native
American tribes. Because the correction herein does not 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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\10\ 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''),\11\ 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
correction to the final rule in this notice does not impact
international trade.
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\11\ 77 FR 26413 (May 4, 2012).
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L. National Technology Transfer and Advancement Act
The National Technology Transfer and Advancement Act of 1995 (15
U.S.C. 272 note) directs federal agencies to use voluntary consensus
standards in their regulatory activities unless doing so would be
inconsistent with applicable law or otherwise impractical. Voluntary
consensus standards are technical standards (e.g., specification of
materials, test methods, or performance requirements) that are
developed or adopted by voluntary consensus standard bodies. The final
rule adopted more than 20 new or updated voluntary, consensus industry
technical standards. The correction herein does not change the final
rule's analysis.
M. Cybersecurity and Executive Order 14028
Executive Order 14028 (``Improving the Nation's Cybersecurity'')
\12\ directed the federal government to improve its efforts to
identify, deter, and respond to ``persistent and increasingly
sophisticated malicious cyber campaigns.'' The correction herein does
not invoke any cybersecurity issues.
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\12\ 86 FR 26633 (May 17, 2021).
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N. Severability
This correction does not present any issues with severability.
O. 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 document can be used to cross-
reference this action with the Unified Agenda.
List of Subjects in 49 CFR Part 192
Incorporation by reference, Pipeline safety, Natural gas.
Correction
In FR Doc. 2024-08624 that appears on page 33281 of the Federal
Register on Monday, April 29, 2024, the following correction is made:
0
1. On page 33281, in column 1, in amendatory instruction 8, paragraph
(c)(2)(iv) is corrected to read as follows:
Sec. 192.121 [Corrected]
* * * * *
(c) * * *
(2) * * *
(iv) The wall thickness for a given outside diameter is not less
than that listed in Table 1 to this paragraph (c)(2)(iv):
Table 1 to Paragraph (c)(2)(iv)
------------------------------------------------------------------------
PE pipe: minimum wall thickness and SDR values
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Minimum wall Corresponding
Pipe size (inches) thickness dimension
(inches) ratio (values)
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\1/2\'' CTS............................. 0.090 7
\1/2\'' IPS............................. 0.090 9.3
\3/4\'' CTS............................. 0.090 9.7
\3/4\'' IPS............................. 0.095 11
1'' CTS................................. 0.099 11
1'' IPS................................. 0.119 11
1 \1/4\'' CTS........................... 0.121 11
1 \1/4\'' IPS........................... 0.151 11
1 \1/2\'' IPS........................... 0.173 11
2''..................................... 0.216 11
3''..................................... 0.259 13.5
4''..................................... 0.265 17
6''..................................... 0.315 21
8''..................................... 0.411 21
10''.................................... 0.512 21
12''.................................... 0.607 21
16''.................................... 0.762 21
18''.................................... 0.857 21
20''.................................... 0.952 21
22''.................................... 1.048 21
24''.................................... 1.143 21
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* * * * *
Issued in Washington, DC, on June 20, 2024, under authority
delegated in 49 CFR 1.97.
Tristan H. Brown,
Deputy Administrator.
[FR Doc. 2024-14115 Filed 6-27-24; 8:45 am]
BILLING CODE 4910-60-P