Pipeline Safety: Safety of Gas Transmission Pipelines: Repair Criteria, Integrity Management Improvements, Cathodic Protection, Management of Change, and Other Related Amendments: Corrections To Conform to Judicial Review, 3713-3716 [2025-00073]
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Federal Register / Vol. 90, No. 9 / Wednesday, January 15, 2025 / Rules and Regulations
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DATES:
[FR Doc. 2025–00494 Filed 1–14–25; 8:45 am]
DEPARTMENT OF TRANSPORTATION
49 CFR Part 192
[Docket No. PHMSA–2011–0023; Amdt. No.
192–138]
RIN 2137–AF39
Pipeline Safety: Safety of Gas
Transmission Pipelines: Repair
Criteria, Integrity Management
Improvements, Cathodic Protection,
Management of Change, and Other
Related Amendments: Corrections To
Conform to Judicial Review
Pipeline and Hazardous
Materials Safety Administration
(PHMSA), Department of Transportation
(DOT).
ACTION: Correcting amendments.
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AGENCY:
These amendments conform
part 192 of the Code of Federal
Regulations (CFR) to the August 2024
order of the United States Court of
Appeals for the District of Columbia
Circuit by removing several vacated
provisions.
15:48 Jan 14, 2025
Jkt 265001
Robert Jagger, Senior Transportation
Specialist, by email at robert.jagger@
dot.gov.
On August
24, 2022, PHMSA published a final rule
titled ‘‘Safety of Gas Transmission
Pipelines: Repair Criteria, Integrity
Management Improvements, Cathodic
Protection, Management of Change, and
Other Related Amendments’’ (2022 Gas
Transmission Final Rule) 1 amending
the federal pipeline safety regulations at
49 CFR part 192 to improve the safety
of onshore gas transmission pipelines.
The 2022 Gas Transmission Final Rule
updated and expanded requirements
pertaining to corrosion control, repair
criteria and timelines for various
pipeline integrity anomalies (including
various manifestations of metal loss,
cracking, and denting), and other
integrity management improvements.
The Interstate Natural Gas Association
of America (INGAA) filed a petition for
judicial review challenging several
provisions of the 2022 Gas Transmission
Final Rule. On August 16, 2024, the
United States Court of Appeals for the
District of Columbia Circuit (D.C.
SUPPLEMENTARY INFORMATION:
Pipeline and Hazardous Materials
Safety Administration
VerDate Sep<11>2014
Effective on January 15, 2025.
FOR FURTHER INFORMATION CONTACT:
BILLING CODE 6712–01–P
SUMMARY:
$4,692,668, plus an additional penalty not to exceed $12,266.
$25,132, plus an additional penalty not to exceed $12,266.
$188,491, plus an additional penalty not to exceed $12,266.
$144,329, plus an additional penalty not to exceed $12,266.
$1,443,275, plus an additional penalty not to exceed $12,266.
$14,432.
$43,296.
$1,443,275.
$12,567.
$2,515.
$12,567.
$2,515.
$62,829.
$628,305.
$251,322.
$2,513,215.
$508,373.
$4,692,668.
$25,132.
$188,491.
$144,329.
$1,443,275.
$2,489.
$365.
$2,453,218.
$122,661.
$1,114.
$1,351,606/incident.
$135,161/call.
1 87
PO 00000
Circuit) ordered the following
provisions vacated: 2
(1) Monitoring and mitigation of
internal corrosive constituents at
§ 192.478;
(2) The immediate repair criterion for
cracks or crack-like anomalies with
predicted failure pressures below 1.25 ×
maximum allowable operating pressure
(MAOP) at §§ 192.714(d)(1)(v)(C) and
192.933(d)(1)(v)(C); and
(3) High-frequency electric resistance
welded seams as one of the seam types
qualifying for the immediate repair
criterion of preferential metal loss on
certain seam types at
§§ 192.714(d)(1)(iv) and
192.933(d)(1)(iv).3
This notice removes those vacated
provisions and makes conforming
revisions to align the federal pipeline
safety regulations to the result of
judicial review.4
2 INGAA v. PHMSA, No. 23–1173, 114 F.4th 744,
756 (D.C. Cir. Aug. 16, 2024).
3 Preferential metal loss on direct current, lowfrequency electric resistance welded pipe, and
electric flash welded pipe remain immediate repair
conditions when an anomaly on pipe with these
seam types meet the conditions under
§§ 192.714(d)(1)(iv) and 192.933(d)(1)(iv). INGAA v.
PHMSA, 114 F.4th at 756 (vacating the provisions
‘‘only as applied to seams formed by high-frequency
electric resistance welding’’).
4 PHMSA also removes now obsolete crossreferences to § 192.478 located in §§ 192.9 and
FR 52224 (Aug. 24, 2022).
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Federal Register / Vol. 90, No. 9 / Wednesday, January 15, 2025 / Rules and Regulations
Additionally, the court’s August 16,
2024, decision found the dent
engineering critical assessment method
at § 192.712(c) to be inadequately
justified. However, the D.C. Circuit
subsequently, in a December 10, 2024
order, granted an unopposed petition for
rehearing by INGAA and remanded this
provision to PHMSA without vacatur.
Accordingly, the engineering critical
assessment method for dents articulated
at § 192.712(c) remains in the federal
pipeline safety regulations, thereby
allowing operators complying with the
process to, where appropriate, monitor
rather than repair certain dents
according to the requirements of
§§ 192.714(d) and 192.933(d). Section
192.712(c) will remain in effect as
PHMSA considers its approach to
address the deficiencies in PHMSA’s
adoption of § 192.712(c) identified in
the court’s August 16, 2024, decision.
PHMSA will announce such regulatory
actions in the Federal Register in
ordinary course.
PHMSA has good cause to make these
conforming corrections without notice
and comment pursuant to Section
553(b)(B) of the Administrative
Procedure Act (APA, 5 U.S.C. 551, et
seq.) because, the D.C. Circuit having
vacated these provisions of the 2022 Gas
Transmission Final Rule, no comment
could ‘‘change[ ] that fact’’ and
additional comment would be ‘‘utterly
unnecessary.’’ EME Homer City
Generation, LP v. EPA, 795 F.3d 118,
134–35 (D.C. Cir. 2015) (internal
quotations omitted). Section 553(b)(B) of
the APA provides that, when an agency
for good cause finds that notice and
public procedure are impracticable,
unnecessary, or contrary to the public
interest, the agency may issue
amendments without providing notice
and an opportunity for public comment.
Notice and comment on these correction
amendments is unnecessary for this
ministerial action conforming the
pipeline safety regulations to the result
ordered by the D.C. Circuit. The Agency
simply removes the three discrete
provisions (two of which are found at
both §§ 192.714 and 192.933) which
have been vacated by the court. PHMSA
finds that notice and opportunity for
public comment are unnecessary under
section 553(b)(B) of the APA.
PHMSA also finds good cause for the
immediate effective date on publication
of these conforming corrections. Section
553(d) of the APA provides that a rule
should take effect not less than 30 days
after publication in the Federal
Register, except for when a rule relieves
192.927, without making any other changes to those
provisions.
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15:48 Jan 14, 2025
Jkt 265001
a restriction or when good cause is
found by the agency and published
within the rule allowing for earlier
effect. 5 U.S.C. 553(d)(1) & (3). These
conforming corrections relieve discrete
requirements of the 2022 Gas
Transmission Final Rule. 5 U.S.C.
553(d)(1). Moreover, good cause exists
for immediate effect as, the D.C. Circuit
having entered its judgment, the
provisions of the code being removed
herein are no longer effective, operators
and the public will benefit from
regulatory text reflecting the accurate
regulatory environment, and no
additional time is necessary to conform
operator behavior. Omnipoint Corp. v.
F.C.C., 78 F.3d 620, 630 (D.C. Cir. 1996);
5 U.S.C. 553(d)(3).
I. Regulatory Analyses and Notices
A. Legal Authority
These conforming corrections are
published under the authority of the
Secretary of Transportation delegated to
PHMSA pursuant to 49 CFR 1.97.
Among the statutory authorities
delegated to PHMSA are the authorities
vested in the Secretary under the
Federal Pipeline Safety Statutes (49
U.S.C. 60101 et seq.). Section 60102(a)
authorizes issuance of regulations
governing design, installation,
inspection, emergency plans and
procedures, testing, construction,
extension, operation, replacement, and
maintenance of pipeline facilities.5
B. Executive Order 12866 and DOT
Regulatory Policies and Procedures
These conforming corrections have
been evaluated in accordance with
Executive Order 12866 (‘‘Regulatory
Planning and Review’’),6 Executive
Order 14094 (‘‘Modernizing Regulatory
Review’’),7 and DOT Order 2100.6A
(‘‘Rulemaking and Guidance
Procedures’’) and are considered not
significant; therefore, these conforming
corrections have not been reviewed by
the Office of Management and Budget
(OMB). As the conforming corrections
herein merely reflect the current state of
the regulations following judicial
review, PHMSA finds that the
conforming corrections themselves
impose no incremental compliance
costs, nor do they adversely impair
safety.
C. Regulatory Flexibility Act
The analytical requirements of the
Regulatory Flexibility Act, as amended
by the Small Business Regulatory
5 See 87 FR at 52263 (2022 Gas Transmission
Final Rule statutory authorities).
6 58 FR 51735 (Oct. 4, 1993).
7 88 FR 21879 (Apr. 11, 2023).
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Flexibility Fairness Act of 1996 (RFA, 5
U.S.C. 601 et seq.), do not apply when
the agency finds good cause under the
APA to adopt a rule without prior notice
and comment.8 Because PHMSA has
‘‘good cause’’ under the APA to forgo
comment on the corrections herein, no
RFA analysis is required.
D. Paperwork Reduction Act
These conforming corrections impose
no new or revised information
collection requirements. As explained
above, the conforming corrections are
non-substantive as they reflect the
outcome of judicial review, and they
will require no change to the current
incident and annual reporting forms and
their respective instructions as
discussed in the preamble of the 2022
Gas Transmission Final Rule.
E. Unfunded Mandates Reform Act of
1995
PHMSA analyzed these conforming
corrections pursuant to the Unfunded
Mandates Reform Act of 1995 (UMRA,
2 U.S.C. 1501 et seq.) and determined
that the corrections do not impose
enforceable duties of $100 million or
more, adjusted for inflation, in any one
year, on state, local, or tribal
governments, or on the private sector.
Because the corrections impose no new
incremental compliance costs beyond
those already assessed in the 2022 Gas
Transmission Final Rule, PHMSA’s
earlier UMRA analysis need not be
changed.9
F. National Environmental Policy Act
The National Environmental Policy
Act of 1969 (NEPA, 42 U.S.C. 4321 et
seq.) requires federal agencies to prepare
a detailed statement on major federal
actions significantly affecting the
quality of the human environment.
PHMSA analyzed the 2022 Gas
Transmission Final Rule in accordance
with NEPA, consistent with Council on
Environmental Quality regulations (40
CFR parts 1500 through 1508), and DOT
implementing policies (DOT Order
5610.1C, ‘‘Procedures for Considering
Environmental Impacts’’) and
determined the 2022 Gas Transmission
Final Rule would not significantly affect
the quality of the human environment.10
PHMSA has determined that the
corrections in this document have no
effect on its earlier NEPA analysis, as
8 See 5 U.S.C. 603–604. See also Small Business
Administration, ‘‘A Guide for Government
Agencies: How to Comply with the Regulatory
Flexibility Act’’ 55 (2017).
9 Final Regulatory Impact Analysis, Doc. No.
PHMSA–2011–0023–0637 (2022).
10 Final Environmental Assessment, Doc. No.
PHMSA–2011–0023–0635 (2022).
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the corrections simply reflect the 2022
Gas Transmission Final Rule as
modified by judicial review.
G. Privacy Act Statement
In accordance with 5 U.S.C. 553(c),
the DOT solicits comments from the
public to inform its rulemaking process.
The DOT posts these comments,
without edit, including any personal
information the commenter provided, to
www.regulations.gov, as described in
the system of records notice (DOT/ALL–
14 FDMS), which can be reviewed at
www.dot.gov/privacy.
H. Executive Order 13132 (Federalism)
PHMSA has analyzed these
conforming corrections in accordance
with the principles and criteria
contained in Executive Order 13132
(‘‘Federalism’’).11 PHMSA has
previously determined that the 2022 Gas
Transmission Final Rule did not impose
any substantial direct effect on the
States, the relationship between the
National Government and the States, or
the distribution of power and
responsibilities among the various
levels of government.12 Because the
judicially conforming corrections herein
are consistent with the 2022 Gas
Transmission Final Rule as modified by
judicial review, the consultation and
funding requirements of Executive
Order 13132 do not apply.13
I. Executive Order 13211
PHMSA analyzed the 2022 Gas
Transmission Final Rule and
determined that the requirements of
Executive Order 13211 (‘‘Actions
Concerning Regulations that
Significantly Affect Energy Supply,
Distribution, or Use’’) 14 did not apply.
These judicially conforming corrections
to the 2022 Gas Transmission Final Rule
are not a ‘‘significant energy action’’
under Executive Order 13211, as they
are not a significant regulatory action,
and they are not likely to have a
significant adverse effect on supply,
distribution, or energy use. Further,
OMB has not designated the corrections
herein as a significant energy action.
J. Executive Order 13175
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This document was analyzed in
accordance with the principles and
criteria contained in Executive Order
13175 (‘‘Consultation and Coordination
11 64
FR 43255 (Aug. 10, 199).
87 FR at 20978.
13 Moreover, PHMSA determined that the 2022
Gas Transmission Final Rule did not impose
substantial direct compliance costs on state and
local governments.
14 66 FR 28355 (May 22, 2001).
12 See
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15:48 Jan 14, 2025
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with Indian Tribal Governments’’) 15
and DOT Order 5301.1 (‘‘Department of
Transportation Policies, Programs, and
Procedures Affecting American Indians,
Alaska Natives, and Tribes’’). Because
none of these corrections have tribal
implications or impose substantial
direct compliance costs on Indian tribal
governments, the funding and
consultation requirements of Executive
Order 13175 do not apply.
K. Executive Order 13609 and
International Trade Analysis
Under Executive Order 13609
(‘‘Promoting International Regulatory
Cooperation’’),16 agencies must consider
whether the impacts associated with
significant variations between domestic
and international regulatory approaches
are unnecessary or may impair the
ability of American business to export
and compete internationally. In meeting
shared challenges involving health,
safety, labor, security, environmental,
and other issues, international
regulatory cooperation can identify
approaches that are at least as protective
as those that are or would be adopted in
the absence of such cooperation.
International regulatory cooperation can
also reduce, eliminate, or prevent
unnecessary differences in regulatory
requirements. These conforming
corrections do not impact international
trade.
L. Regulation Identifier Number (RIN)
A RIN is assigned to each regulatory
action listed in the Unified Agenda of
Federal Regulations. The Regulatory
Information Service Center publishes
the Unified Agenda in April and
October of each year. The RIN contained
in the heading of this notice can be used
to cross-reference this action with the
Unified Agenda.
M. Severability
This makes discrete corrections which
conform the regulations with the
outcome of judicial review on the 2022
Gas Transmission Final Rule. Each
amendment is severable and operates
independently.
List of Subjects in 49 CFR Part 192
Corrosion control, Installation of pipe
in a ditch, Integrity management,
Internal inspection device, Management
of change, Pipeline safety, Repair
criteria, Surveillance.
In consideration of the foregoing,
PHMSA corrects 49 CFR part 192 by
making the following correcting
amendments:
15 65
16 77
PO 00000
FR 67249 (Nov. 6, 2000).
FR 26413 (May 4, 2012).
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3715
PART 192—TRANSPORTATION OF
NATURAL 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 § 192.9 by revising
paragraphs (b), (c), (d)(2), and (e)(1)(ii)
as follows:
■
§ 192.9 What requirements apply to
gathering pipelines?
*
*
*
*
*
(b) Offshore lines. An operator of an
offshore gathering line must comply
with requirements of this part
applicable to transmission lines, except
the requirements in §§ 192.13(d),
192.150, 192.285(e), 192.319(d) through
(g), 192.461(f) through (i), 192.465(d)
and (f), 192.473(c), 192.485(c), 192.493,
192.506, 192.607, 192.613(c),
192.619(e), 192.624, 192.710, 192.712,
and 192.714, and in subpart O of this
part. Further, operators of offshore
gathering lines are exempt from the
requirements of §§ 192.617(b) through
(d) and 192.635. Lastly, operators of
offshore gathering lines are exempt from
the requirements of § 192.615 (but an
operator of an offshore gathering line
must comply with the requirements of
49 CFR 192.615, effective as of October
4, 2022).
(c) Type A lines. An operator of a
Type A regulated onshore gathering line
must comply with the requirements of
this part applicable to transmission
lines, except the requirements in
§§ 192.13(d), 192.150, 192.285(e),
192.319(d) through (g), 192.461(f)
through (i), 192.465(d) and (f),
192.473(c), 192.485(c) 192.493, 192.506,
192.607, 192.613(c), 192.619(e),
192.624, 192.710, 192.712, and 192.714,
and in subpart O of this part. However,
an operator of a Type A regulated
onshore gathering line in a Class 2
location may demonstrate compliance
with subpart N of this part by describing
the processes it uses to determine the
qualification of persons performing
operations and maintenance tasks.
Further, operators of Type A regulated
onshore gathering lines are exempt from
the requirements of §§ 192.179(e)
through (g), 192.610, 192.617(b) through
(d), 192.634, 192.635, 192.636, and
192.745(c) through (f). Lastly, operators
of Type A regulated onshore gathering
lines are exempt from the requirements
of § 192.615 (but an operator of a Type
A regulated onshore gathering line must
comply with the requirements of 49 CFR
192.615, effective as of October 4, 2022).
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Federal Register / Vol. 90, No. 9 / Wednesday, January 15, 2025 / Rules and Regulations
(d) * * *
(2) If the pipeline is metallic, control
corrosion according to requirements of
subpart I of this part applicable to
transmission lines, except the
requirements in §§ 192.461(f) through
(i), 192.465(d) and (f), 192.473(c),
192.485(c), and 192.493;
*
*
*
*
*
(e) * * *
(1) * * *
(ii) If the pipeline is metallic, control
corrosion according to requirements of
subpart I of this part applicable to
transmission lines, except the
requirements in §§ 192.461(f) through
(i), 192.465(d) and (f), 192.473(c),
192.485(c), and 192.493;
*
*
*
*
*
§ 192.478
[Removed]
3. Remove § 192.478.
4. Amend § 192.714 by revising
paragraphs (d)(1)(iv) and (v) to read as
follows:
■
■
§ 192.714 Transmission lines: Repair
criteria for onshore transmission pipelines.
*
*
*
*
*
(d) * * *
(1) * * *
(iv) Metal loss preferentially affecting
a detected longitudinal seam, if that
seam was formed by direct current, lowfrequency electric resistance welding,
electric flash welding, or has a
longitudinal joint factor less than 1.0,
and the predicted failure pressure
determined in accordance with
§ 192.712(d) is less than 1.25 times the
MAOP.
(v) A crack or crack-like anomaly
meeting any of the following criteria:
(A) Crack depth plus any metal loss
is greater than 50 percent of pipe wall
thickness; or
(B) Crack depth plus any metal loss is
greater than the inspection tool’s
maximum measurable depth.
*
*
*
*
*
■ 5. Amend § 192.927 by revising
paragraph (c)(4)(iii)(A) to read as
follows:
§ 192.927 What are the requirements for
using Internal Corrosion Direct Assessment
(ICDA)?
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*
*
*
*
*
(c) * * *
(4) * * *
(iii) * * *
(A) Conduct excavations of, and
detailed examinations at, locations
downstream from where the electrolytes
might have entered the pipe to
investigate and accurately characterize
the nature, extent, and root cause of the
corrosion; or
*
*
*
*
*
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6. Amend § 192.933 by revising
paragraphs (d)(1)(iv) and (v) to read as
follows:
■
§ 192.933 What actions must be taken to
address integrity issues?
*
*
*
*
*
(d) * * *
(1) * * *
(iv) Metal loss preferentially affecting
a detected longitudinal seam, if that
seam was formed by direct current, lowfrequency electric resistance welding,
electric flash welding, or has a
longitudinal joint factor less than 1.0,
and the predicted failure pressure
determined in accordance with
§ 192.712(d) is less than 1.25 times the
MAOP.
(v) A crack or crack-like anomaly
meeting any of the following criteria:
(A) Crack depth plus any metal loss
is greater than 50 percent of pipe wall
thickness; or
(B) Crack depth plus any metal loss is
greater than the inspection tool’s
maximum measurable depth.
*
*
*
*
*
Issued in Washington, DC, on December
30, 2024, under authority delegated in 49
CFR 1.97.
Tristan H. Brown,
Deputy Administrator.
[FR Doc. 2025–00073 Filed 1–14–25; 8:45 am]
BILLING CODE 4910–60–P
DEPARTMENT OF HOMELAND
SECURITY
Transportation Security Administration
49 CFR Parts 1542 and 1544
Recordkeeping Requirements for
Criminal History Record Checks;
Airport and Aircraft Operator Security;
Technical Amendments
Transportation Security
Administration, Department of
Homeland Security (DHS).
ACTION: Final rule; technical
amendments.
AGENCY:
The Transportation Security
Administration (TSA) is issuing
technical amendments to certain
aviation security regulations. The
technical amendments to the regulations
clarify that airport operators and aircraft
operators are required to retain only the
criminal records, including the
application for a criminal history
records check (CHRC), associated with
an individual’s current CHRC, CHRC
certification, or authorization to perform
a covered function and not records
associated with previous CHRCs or
SUMMARY:
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employment investigations. Also, the
technical amendments clarify that the
records may be stored in paper or
electronic form.
This rule is effective as of
January 15, 2025.
DATES:
FOR FURTHER INFORMATION CONTACT:
David Siegmund; Airport Security
Programs; Aviation Division; Policy,
Plans, and Engagement; (571) 227–4325;
david.siegmund@tsa.dhs.gov.
You can
find an electronic copy of this rule using
the internet by accessing the
Government Publishing Office’s web
page at https://www.govinfo.gov/app/
collection/FR to view the daily
published Federal Register edition or by
accessing the Office of the Federal
Register’s web page at https://
www.federalregister.gov. Copies are also
available by contacting the individual
identified in the FOR FURTHER
INFORMATION CONTACT section.
SUPPLEMENTARY INFORMATION:
Small Entity Inquiries
The Small Business Regulatory
Enforcement Fairness Act (SBREFA) of
1996 requires TSA to comply with small
entity requests for information and
advice about compliance with statutes
and regulations within TSA’s
jurisdiction. Any small entity that has a
question regarding this document may
contact the person listed in the FOR
FURTHER INFORMATION CONTACT section.
Persons can obtain further information
regarding SBREFA on the Small
Business Administration’s web page at
https://advocacy.sba.gov/resources/
reference-library/sbrefa/.
I. Discussion of the Rule
TSA is making technical amendments
to regulatory recordkeeping
requirements related to CHRCs that
workers for airport and aircraft
operators are required to undergo.
Beginning in 1996, the FAA required
airport and aircraft operators to conduct
employment investigations for certain
workers. Following the terrorist attacks
on September 11, 2001, the FAA
determined that the employment
investigations did not adequately
protect transportation security and
published the CHRCs final rule on
December 6, 2001.1 The rule required
the completion of CHRCs for
individuals with unescorted Security
Identification Display Area security
functions such as screening of cargo or
1 66 FR 63474 (Dec. 6, 2001). FAA aviation
security functions were transferred to TSA under 67
FR 7939 (Feb. 20, 2002).
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Agencies
[Federal Register Volume 90, Number 9 (Wednesday, January 15, 2025)]
[Rules and Regulations]
[Pages 3713-3716]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00073]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Part 192
[Docket No. PHMSA-2011-0023; Amdt. No. 192-138]
RIN 2137-AF39
Pipeline Safety: Safety of Gas Transmission Pipelines: Repair
Criteria, Integrity Management Improvements, Cathodic Protection,
Management of Change, and Other Related Amendments: Corrections To
Conform to Judicial Review
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
Department of Transportation (DOT).
ACTION: Correcting amendments.
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SUMMARY: These amendments conform part 192 of the Code of Federal
Regulations (CFR) to the August 2024 order of the United States Court
of Appeals for the District of Columbia Circuit by removing several
vacated provisions.
DATES: Effective on January 15, 2025.
FOR FURTHER INFORMATION CONTACT: Robert Jagger, Senior Transportation
Specialist, by email at [email protected].
SUPPLEMENTARY INFORMATION: On August 24, 2022, PHMSA published a final
rule titled ``Safety of Gas Transmission Pipelines: Repair Criteria,
Integrity Management Improvements, Cathodic Protection, Management of
Change, and Other Related Amendments'' (2022 Gas Transmission Final
Rule) \1\ amending the federal pipeline safety regulations at 49 CFR
part 192 to improve the safety of onshore gas transmission pipelines.
The 2022 Gas Transmission Final Rule updated and expanded requirements
pertaining to corrosion control, repair criteria and timelines for
various pipeline integrity anomalies (including various manifestations
of metal loss, cracking, and denting), and other integrity management
improvements.
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\1\ 87 FR 52224 (Aug. 24, 2022).
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The Interstate Natural Gas Association of America (INGAA) filed a
petition for judicial review challenging several provisions of the 2022
Gas Transmission Final Rule. On August 16, 2024, the United States
Court of Appeals for the District of Columbia Circuit (D.C. Circuit)
ordered the following provisions vacated: \2\
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\2\ INGAA v. PHMSA, No. 23-1173, 114 F.4th 744, 756 (D.C. Cir.
Aug. 16, 2024).
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(1) Monitoring and mitigation of internal corrosive constituents at
Sec. 192.478;
(2) The immediate repair criterion for cracks or crack-like
anomalies with predicted failure pressures below 1.25 x maximum
allowable operating pressure (MAOP) at Sec. Sec. 192.714(d)(1)(v)(C)
and 192.933(d)(1)(v)(C); and
(3) High-frequency electric resistance welded seams as one of the
seam types qualifying for the immediate repair criterion of
preferential metal loss on certain seam types at Sec. Sec.
192.714(d)(1)(iv) and 192.933(d)(1)(iv).\3\
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\3\ Preferential metal loss on direct current, low-frequency
electric resistance welded pipe, and electric flash welded pipe
remain immediate repair conditions when an anomaly on pipe with
these seam types meet the conditions under Sec. Sec.
192.714(d)(1)(iv) and 192.933(d)(1)(iv). INGAA v. PHMSA, 114 F.4th
at 756 (vacating the provisions ``only as applied to seams formed by
high-frequency electric resistance welding'').
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This notice removes those vacated provisions and makes conforming
revisions to align the federal pipeline safety regulations to the
result of judicial review.\4\
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\4\ PHMSA also removes now obsolete cross-references to Sec.
192.478 located in Sec. Sec. 192.9 and 192.927, without making any
other changes to those provisions.
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[[Page 3714]]
Additionally, the court's August 16, 2024, decision found the dent
engineering critical assessment method at Sec. 192.712(c) to be
inadequately justified. However, the D.C. Circuit subsequently, in a
December 10, 2024 order, granted an unopposed petition for rehearing by
INGAA and remanded this provision to PHMSA without vacatur.
Accordingly, the engineering critical assessment method for dents
articulated at Sec. 192.712(c) remains in the federal pipeline safety
regulations, thereby allowing operators complying with the process to,
where appropriate, monitor rather than repair certain dents according
to the requirements of Sec. Sec. 192.714(d) and 192.933(d). Section
192.712(c) will remain in effect as PHMSA considers its approach to
address the deficiencies in PHMSA's adoption of Sec. 192.712(c)
identified in the court's August 16, 2024, decision. PHMSA will
announce such regulatory actions in the Federal Register in ordinary
course.
PHMSA has good cause to make these conforming corrections without
notice and comment pursuant to Section 553(b)(B) of the Administrative
Procedure Act (APA, 5 U.S.C. 551, et seq.) because, the D.C. Circuit
having vacated these provisions of the 2022 Gas Transmission Final
Rule, no comment could ``change[ ] that fact'' and additional comment
would be ``utterly unnecessary.'' EME Homer City Generation, LP v. EPA,
795 F.3d 118, 134-35 (D.C. Cir. 2015) (internal quotations omitted).
Section 553(b)(B) of the APA provides that, when an agency for good
cause finds that notice and public procedure are impracticable,
unnecessary, or contrary to the public interest, the agency may issue
amendments without providing notice and an opportunity for public
comment. Notice and comment on these correction amendments is
unnecessary for this ministerial action conforming the pipeline safety
regulations to the result ordered by the D.C. Circuit. The Agency
simply removes the three discrete provisions (two of which are found at
both Sec. Sec. 192.714 and 192.933) which have been vacated by the
court. PHMSA finds that notice and opportunity for public comment are
unnecessary under section 553(b)(B) of the APA.
PHMSA also finds good cause for the immediate effective date on
publication of these conforming corrections. Section 553(d) of the APA
provides that a rule should take effect not less than 30 days after
publication in the Federal Register, except for when a rule relieves a
restriction or when good cause is found by the agency and published
within the rule allowing for earlier effect. 5 U.S.C. 553(d)(1) & (3).
These conforming corrections relieve discrete requirements of the 2022
Gas Transmission Final Rule. 5 U.S.C. 553(d)(1). Moreover, good cause
exists for immediate effect as, the D.C. Circuit having entered its
judgment, the provisions of the code being removed herein are no longer
effective, operators and the public will benefit from regulatory text
reflecting the accurate regulatory environment, and no additional time
is necessary to conform operator behavior. Omnipoint Corp. v. F.C.C.,
78 F.3d 620, 630 (D.C. Cir. 1996); 5 U.S.C. 553(d)(3).
I. Regulatory Analyses and Notices
A. Legal Authority
These conforming corrections are published under the authority of
the Secretary of Transportation delegated to PHMSA pursuant to 49 CFR
1.97. Among the statutory authorities delegated to PHMSA are the
authorities vested in the Secretary under the Federal Pipeline Safety
Statutes (49 U.S.C. 60101 et seq.). Section 60102(a) authorizes
issuance of regulations governing design, installation, inspection,
emergency plans and procedures, testing, construction, extension,
operation, replacement, and maintenance of pipeline facilities.\5\
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\5\ See 87 FR at 52263 (2022 Gas Transmission Final Rule
statutory authorities).
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B. Executive Order 12866 and DOT Regulatory Policies and Procedures
These conforming corrections have been evaluated in accordance with
Executive Order 12866 (``Regulatory Planning and Review''),\6\
Executive Order 14094 (``Modernizing Regulatory Review''),\7\ and DOT
Order 2100.6A (``Rulemaking and Guidance Procedures'') and are
considered not significant; therefore, these conforming corrections
have not been reviewed by the Office of Management and Budget (OMB). As
the conforming corrections herein merely reflect the current state of
the regulations following judicial review, PHMSA finds that the
conforming corrections themselves impose no incremental compliance
costs, nor do they adversely impair safety.
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\6\ 58 FR 51735 (Oct. 4, 1993).
\7\ 88 FR 21879 (Apr. 11, 2023).
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C. Regulatory Flexibility Act
The analytical requirements of the Regulatory Flexibility Act, as
amended by the Small Business Regulatory Flexibility Fairness Act of
1996 (RFA, 5 U.S.C. 601 et seq.), do not apply when the agency finds
good cause under the APA to adopt a rule without prior notice and
comment.\8\ Because PHMSA has ``good cause'' under the APA to forgo
comment on the corrections herein, no RFA analysis is required.
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\8\ See 5 U.S.C. 603-604. See also Small Business
Administration, ``A Guide for Government Agencies: How to Comply
with the Regulatory Flexibility Act'' 55 (2017).
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D. Paperwork Reduction Act
These conforming corrections impose no new or revised information
collection requirements. As explained above, the conforming corrections
are non-substantive as they reflect the outcome of judicial review, and
they will require no change to the current incident and annual
reporting forms and their respective instructions as discussed in the
preamble of the 2022 Gas Transmission Final Rule.
E. Unfunded Mandates Reform Act of 1995
PHMSA analyzed these conforming corrections pursuant to the
Unfunded Mandates Reform Act of 1995 (UMRA, 2 U.S.C. 1501 et seq.) and
determined that the corrections do not impose enforceable duties of
$100 million or more, adjusted for inflation, in any one year, on
state, local, or tribal governments, or on the private sector. Because
the corrections impose no new incremental compliance costs beyond those
already assessed in the 2022 Gas Transmission Final Rule, PHMSA's
earlier UMRA analysis need not be changed.\9\
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\9\ Final Regulatory Impact Analysis, Doc. No. PHMSA-2011-0023-
0637 (2022).
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F. National Environmental Policy Act
The National Environmental Policy Act of 1969 (NEPA, 42 U.S.C. 4321
et seq.) requires federal agencies to prepare a detailed statement on
major federal actions significantly affecting the quality of the human
environment. PHMSA analyzed the 2022 Gas Transmission Final Rule in
accordance with NEPA, consistent with Council on Environmental Quality
regulations (40 CFR parts 1500 through 1508), and DOT implementing
policies (DOT Order 5610.1C, ``Procedures for Considering Environmental
Impacts'') and determined the 2022 Gas Transmission Final Rule would
not significantly affect the quality of the human environment.\10\
PHMSA has determined that the corrections in this document have no
effect on its earlier NEPA analysis, as
[[Page 3715]]
the corrections simply reflect the 2022 Gas Transmission Final Rule as
modified by judicial review.
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\10\ Final Environmental Assessment, Doc. No. PHMSA-2011-0023-
0635 (2022).
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G. Privacy Act Statement
In accordance with 5 U.S.C. 553(c), the DOT solicits comments from
the public to inform its rulemaking process. The DOT posts these
comments, without edit, including any personal information the
commenter provided, to www.regulations.gov, as described in the system
of records notice (DOT/ALL-14 FDMS), which can be reviewed at
www.dot.gov/privacy.
H. Executive Order 13132 (Federalism)
PHMSA has analyzed these conforming corrections in accordance with
the principles and criteria contained in Executive Order 13132
(``Federalism'').\11\ PHMSA has previously determined that the 2022 Gas
Transmission Final Rule did not impose any substantial direct effect on
the States, the relationship between the National Government and the
States, or the distribution of power and responsibilities among the
various levels of government.\12\ Because the judicially conforming
corrections herein are consistent with the 2022 Gas Transmission Final
Rule as modified by judicial review, the consultation and funding
requirements of Executive Order 13132 do not apply.\13\
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\11\ 64 FR 43255 (Aug. 10, 199).
\12\ See 87 FR at 20978.
\13\ Moreover, PHMSA determined that the 2022 Gas Transmission
Final Rule did not impose substantial direct compliance costs on
state and local governments.
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I. Executive Order 13211
PHMSA analyzed the 2022 Gas Transmission Final Rule and determined
that the requirements of Executive Order 13211 (``Actions Concerning
Regulations that Significantly Affect Energy Supply, Distribution, or
Use'') \14\ did not apply. These judicially conforming corrections to
the 2022 Gas Transmission Final Rule are not a ``significant energy
action'' under Executive Order 13211, as they are not a significant
regulatory action, and they are not likely to have a significant
adverse effect on supply, distribution, or energy use. Further, OMB has
not designated the corrections herein as a significant energy action.
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\14\ 66 FR 28355 (May 22, 2001).
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J. Executive Order 13175
This document was analyzed in accordance with the principles and
criteria contained in Executive Order 13175 (``Consultation and
Coordination with Indian Tribal Governments'') \15\ and DOT Order
5301.1 (``Department of Transportation Policies, Programs, and
Procedures Affecting American Indians, Alaska Natives, and Tribes'').
Because none of these corrections have tribal implications or impose
substantial direct compliance costs on Indian tribal governments, the
funding and consultation requirements of Executive Order 13175 do not
apply.
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\15\ 65 FR 67249 (Nov. 6, 2000).
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K. Executive Order 13609 and International Trade Analysis
Under Executive Order 13609 (``Promoting International Regulatory
Cooperation''),\16\ agencies must consider whether the impacts
associated with significant variations between domestic and
international regulatory approaches are unnecessary or may impair the
ability of American business to export and compete internationally. In
meeting shared challenges involving health, safety, labor, security,
environmental, and other issues, international regulatory cooperation
can identify approaches that are at least as protective as those that
are or would be adopted in the absence of such cooperation.
International regulatory cooperation can also reduce, eliminate, or
prevent unnecessary differences in regulatory requirements. These
conforming corrections do not impact international trade.
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\16\ 77 FR 26413 (May 4, 2012).
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L. Regulation Identifier Number (RIN)
A RIN is assigned to each regulatory action listed in the Unified
Agenda of Federal Regulations. The Regulatory Information Service
Center publishes the Unified Agenda in April and October of each year.
The RIN contained in the heading of this notice can be used to cross-
reference this action with the Unified Agenda.
M. Severability
This makes discrete corrections which conform the regulations with
the outcome of judicial review on the 2022 Gas Transmission Final Rule.
Each amendment is severable and operates independently.
List of Subjects in 49 CFR Part 192
Corrosion control, Installation of pipe in a ditch, Integrity
management, Internal inspection device, Management of change, Pipeline
safety, Repair criteria, Surveillance.
In consideration of the foregoing, PHMSA corrects 49 CFR part 192
by making the following correcting amendments:
PART 192--TRANSPORTATION OF NATURAL AND OTHER GAS BY PIPELINE:
MINIMUM FEDERAL SAFETY STANDARDS
0
1. The authority citation for part 192 continues to read as follows:
Authority: 30 U.S.C. 185(w)(3), 49 U.S.C. 5103, 60101 et seq.,
and 49 CFR 1.97.
0
2. Amend Sec. 192.9 by revising paragraphs (b), (c), (d)(2), and
(e)(1)(ii) as follows:
Sec. 192.9 What requirements apply to gathering pipelines?
* * * * *
(b) Offshore lines. An operator of an offshore gathering line must
comply with requirements of this part applicable to transmission lines,
except the requirements in Sec. Sec. 192.13(d), 192.150, 192.285(e),
192.319(d) through (g), 192.461(f) through (i), 192.465(d) and (f),
192.473(c), 192.485(c), 192.493, 192.506, 192.607, 192.613(c),
192.619(e), 192.624, 192.710, 192.712, and 192.714, and in subpart O of
this part. Further, operators of offshore gathering lines are exempt
from the requirements of Sec. Sec. 192.617(b) through (d) and 192.635.
Lastly, operators of offshore gathering lines are exempt from the
requirements of Sec. 192.615 (but an operator of an offshore gathering
line must comply with the requirements of 49 CFR 192.615, effective as
of October 4, 2022).
(c) Type A lines. An operator of a Type A regulated onshore
gathering line must comply with the requirements of this part
applicable to transmission lines, except the requirements in Sec. Sec.
192.13(d), 192.150, 192.285(e), 192.319(d) through (g), 192.461(f)
through (i), 192.465(d) and (f), 192.473(c), 192.485(c) 192.493,
192.506, 192.607, 192.613(c), 192.619(e), 192.624, 192.710, 192.712,
and 192.714, and in subpart O of this part. However, an operator of a
Type A regulated onshore gathering line in a Class 2 location may
demonstrate compliance with subpart N of this part by describing the
processes it uses to determine the qualification of persons performing
operations and maintenance tasks. Further, operators of Type A
regulated onshore gathering lines are exempt from the requirements of
Sec. Sec. 192.179(e) through (g), 192.610, 192.617(b) through (d),
192.634, 192.635, 192.636, and 192.745(c) through (f). Lastly,
operators of Type A regulated onshore gathering lines are exempt from
the requirements of Sec. 192.615 (but an operator of a Type A
regulated onshore gathering line must comply with the requirements of
49 CFR 192.615, effective as of October 4, 2022).
[[Page 3716]]
(d) * * *
(2) If the pipeline is metallic, control corrosion according to
requirements of subpart I of this part applicable to transmission
lines, except the requirements in Sec. Sec. 192.461(f) through (i),
192.465(d) and (f), 192.473(c), 192.485(c), and 192.493;
* * * * *
(e) * * *
(1) * * *
(ii) If the pipeline is metallic, control corrosion according to
requirements of subpart I of this part applicable to transmission
lines, except the requirements in Sec. Sec. 192.461(f) through (i),
192.465(d) and (f), 192.473(c), 192.485(c), and 192.493;
* * * * *
Sec. 192.478 [Removed]
0
3. Remove Sec. 192.478.
0
4. Amend Sec. 192.714 by revising paragraphs (d)(1)(iv) and (v) to
read as follows:
Sec. 192.714 Transmission lines: Repair criteria for onshore
transmission pipelines.
* * * * *
(d) * * *
(1) * * *
(iv) Metal loss preferentially affecting a detected longitudinal
seam, if that seam was formed by direct current, low-frequency electric
resistance welding, electric flash welding, or has a longitudinal joint
factor less than 1.0, and the predicted failure pressure determined in
accordance with Sec. 192.712(d) is less than 1.25 times the MAOP.
(v) A crack or crack-like anomaly meeting any of the following
criteria:
(A) Crack depth plus any metal loss is greater than 50 percent of
pipe wall thickness; or
(B) Crack depth plus any metal loss is greater than the inspection
tool's maximum measurable depth.
* * * * *
0
5. Amend Sec. 192.927 by revising paragraph (c)(4)(iii)(A) to read as
follows:
Sec. 192.927 What are the requirements for using Internal Corrosion
Direct Assessment (ICDA)?
* * * * *
(c) * * *
(4) * * *
(iii) * * *
(A) Conduct excavations of, and detailed examinations at, locations
downstream from where the electrolytes might have entered the pipe to
investigate and accurately characterize the nature, extent, and root
cause of the corrosion; or
* * * * *
0
6. Amend Sec. 192.933 by revising paragraphs (d)(1)(iv) and (v) to
read as follows:
Sec. 192.933 What actions must be taken to address integrity issues?
* * * * *
(d) * * *
(1) * * *
(iv) Metal loss preferentially affecting a detected longitudinal
seam, if that seam was formed by direct current, low-frequency electric
resistance welding, electric flash welding, or has a longitudinal joint
factor less than 1.0, and the predicted failure pressure determined in
accordance with Sec. 192.712(d) is less than 1.25 times the MAOP.
(v) A crack or crack-like anomaly meeting any of the following
criteria:
(A) Crack depth plus any metal loss is greater than 50 percent of
pipe wall thickness; or
(B) Crack depth plus any metal loss is greater than the inspection
tool's maximum measurable depth.
* * * * *
Issued in Washington, DC, on December 30, 2024, under authority
delegated in 49 CFR 1.97.
Tristan H. Brown,
Deputy Administrator.
[FR Doc. 2025-00073 Filed 1-14-25; 8:45 am]
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