Rule2025-12071
Pipeline Safety: Standards Update-API RP 2026
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
July 1, 2025
Effective
January 1, 2026
Issuing agencies
Transportation DepartmentPipeline and Hazardous Materials Safety Administration
Abstract
This DFR amends PHMSA's regulations to incorporate by reference the updated industry standard API RP 2026, Safe Access/Egress Involving Floating Roofs of Storage Tanks in Petroleum Service. This updated standard will maintain or improve public safety, prevent regulatory confusion, reduce compliance burdens on stakeholders, and satisfy a mandate in the National Technology Transfer and Advancement Act (NTTAA) of 1995.
Full Text
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<title>Federal Register, Volume 90 Issue 124 (Tuesday, July 1, 2025)</title>
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[Federal Register Volume 90, Number 124 (Tuesday, July 1, 2025)]
[Rules and Regulations]
[Pages 28116-28119]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-12071]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Part 195
[Docket No. PHMSA-2025-0122; Amdt. No. 195-111]
RIN 2137-AF90
Pipeline Safety: Standards Update--API RP 2026
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
Department of Transportation (DOT).
ACTION: Direct final rule (DFR); request for comments.
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SUMMARY: This DFR amends PHMSA's regulations to incorporate by
reference the updated industry standard API RP 2026, Safe Access/Egress
Involving Floating Roofs of Storage Tanks in Petroleum Service. This
updated standard will maintain or improve public safety, prevent
regulatory confusion, reduce compliance burdens on stakeholders, and
satisfy a mandate in the National Technology Transfer and Advancement
Act (NTTAA) of 1995.
DATES: The DFR is effective January 1, 2026, unless adverse comments
are received by September 2, 2025. If adverse comments are received,
notification will be published in the Federal Register before the
effective date either withdrawing the rule (in its entirety or portions
thereof) or issuing a new final rule which responds to significant
adverse comments. The incorporation by reference of certain material
listed in this rule is approved by the Director of the Federal Register
as of January 1, 2026.
ADDRESSES: You may submit comments identified by the Docket Number
PHMSA-2025-0122 using any of the following methods:
E-Gov Web: <a href="https://www.regulations.gov">https://www.regulations.gov</a>. This site allows the public
to enter comments on any Federal Register notice issued by any agency.
Follow the online instructions for submitting comments.
Mail: Docket Management System: U.S. Department of Transportation,
1200 New Jersey Avenue SE, West Building Ground Floor, Room W12-140,
Washington, DC 20590-0001.
Hand Delivery: U.S. DOT Docket Management System: West Building
Ground Floor, Room W12-140, 1200 New Jersey Avenue SE, between 9 a.m.
and 5 p.m., Monday through Friday, except Federal holidays.
Fax: 1-202-493-2251.
For commenting instructions and additional information about
commenting, see SUPPLEMENTARY INFORMATION.
FOR FURTHER INFORMATION CONTACT: Alyssa Imam, Transportation
Specialist, by phone at 202-738-3850 or email at <a href="/cdn-cgi/l/email-protection#8aebe6f3f9f9eba4e3e7ebe7caeee5fea4ede5fc"><span class="__cf_email__" data-cfemail="6504091c1616044b0c08040825010a114b020a13">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. General Discussion
Through this DFR, PHMSA is incorporating by reference an update to
a voluntary, consensus industry technical standard already incorporated
by reference within the pipeline safety regulations (PSRs, 49 Code of
Federal Regulation (CFR) part 195). Specifically, PHMSA is updating the
referenced edition of industry standard American Petroleum Institute
(API) Recommended Practice (RP) 2026, ``Safe Access/Egress Involving
Floating Roofs of Storage Tanks in Petroleum Service'' to the 4th
edition issued in 2022 (API RP 2026).
API RP 2026 addresses the hazards associated with access/egress
onto external and internal floating roofs of in-service petroleum
storage tanks and identifies some of the most common practices and
procedures for safely accomplishing this activity. API RP 2026 is
intended primarily for those persons who are required to perform
inspection, service, maintenance, or repair activities that involve
descent onto floating roofs of in-service petroleum tanks. Reference to
the fourth edition of API RP 2026 will replace existing references
within Sec. 195.405(b) to API Recommended Practice 2026, ``Safe
Access/Egress Involving Floating Roofs of Storage Tanks in Petroleum
Service,'' 3rd edition, June 2017.
This updated standard will maintain or improve public safety,
prevent regulatory confusion, and reduce compliance burdens on
stakeholders. The National Technology Transfer and Advancement Act
(NTTAA) of 1995 (15 United States Code (U.S.C.) 272 (note)) directing
Federal agencies to ``use technical standards developed by voluntary
consensus standard bodies instead of government-developed technical
standards,'' ``when practical and consistent with applicable laws.''
Consistent with that mandate, PHMSA incorporates more than 80 industry
standards by reference into the PSRs; however, many standards become
outdated over time as new editions become available. By updating these
standards, PHMSA ensures better alignment of the PSRs with the latest
innovations in operational and management practices, materials,
testing, and technological advancements; enhances compliance by
avoiding conflict between different versions of the same industry
standards; and facilitates safety-focused allocation of resources by
pipeline operators. PHMSA technical experts have also evaluated the
changes in the updated edition of API RP 2026 and determined that
updated standard will either maintain or enhance the protection of
public safety. PHMSA further concludes that the direct final rule's
updated standard is technically feasible, reasonable, cost-effective,
and practicable because of its respective anticipated commercial and
public safety benefits; and because the benefits better support PHMSA's
safety priorities compared to alternatives, thereby justifying any
associated compliance costs.
Availability of Materials to Interested Parties
Pursuant to section 24 of the Pipeline Safety, Regulatory
Certainty, and Job Creation Act of 2011 (Pub. L. 112-90, 49 U.S.C.
60102(p), as amended), ``the Secretary may not issue a regulation
pursuant to this chapter that incorporates any documents or portions
thereof unless the documents or portions thereof are made available to
the public, free of charge.'' On November 7, 2014, the Office of the
Federal Register issued a final rule that revised 1 CFR 51.5 to require
every Federal agency to ``[d]iscuss, in the preamble of the proposed
rule, the ways that the materials it proposes to incorporate by
reference are reasonably available to interested parties or how it
worked to make those materials reasonably available to interested
parties'' (79 FR 66267).
PHMSA consequently has negotiated agreements to make viewable
copies of the standards available to the public at no cost. American
Petroleum Institute (API) agreed to the public access requirements of
the statutory mandate discussed above. The organization's mailing
address and website is listed in 49 CFR part 195.
The API standards incorporated in this final rule are available
from the following website: <a href="https://publications.api.org/Default.aspx">https://publications.api.org/Default.aspx</a>.
Additional information regarding standards availability can be
found at
[[Page 28117]]
<a href="https://www.phmsa.dot.gov/standards-rulemaking/pipeline/standards-incorporated-reference">https://www.phmsa.dot.gov/standards-rulemaking/pipeline/standards-incorporated-reference</a>.
Commenting
Instructions: Please include the docket number PHMSA-2025-0122 at
the beginning of your comments. If you submit your comments by mail,
submit two copies. If you wish to receive confirmation that PHMSA
received your comments, include a self-addressed stamped postcard.
Internet users may submit comments at <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Note: Comments are posted without changes or edits to <a href="https://www.regulations.gov">https://www.regulations.gov</a>, including any personal information provided.
There is a privacy statement published on <a href="https://www.regulations.gov">https://www.regulations.gov</a>.
Privacy Act: 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 <a href="https://www.regulations.gov">https://www.regulations.gov</a>, as described in the
system of records notice (DOT/ALL-14 FDMS), which can be reviewed at
<a href="https://www.dot.gov/privacy">https://www.dot.gov/privacy</a>.
Confidential Business Information: Confidential Business
Information (CBI) is commercial or financial information that is both
customarily and actually treated as private by its owner. Under the
Freedom of Information Act (FOIA, 5 U.S.C. 552), CBI is exempt from
public disclosure. It is important that you clearly designate the
comments submitted as CBI if: your comments responsive to this document
contain commercial or financial information that is customarily treated
as private; you actually treat such information as private; and your
comment is relevant or responsive to this notice. Pursuant to 49 Code
of Federal Regulations (CFR) 190.343, you may ask PHMSA to provide
confidential treatment to information you give to the agency by taking
the following steps: (1) mark each page of the original document
submission containing CBI as ``Confidential''; (2) send PHMSA, along
with the original document, a second copy of the original document with
the CBI deleted; and (3) explain why the information that you are
submitting is CBI. Submissions containing CBI should be sent to Alyssa
Imam, Standards and Rulemaking Division, Pipeline and Hazardous
Materials Safety Administration (PHMSA), 2nd Floor, 1200 New Jersey
Avenue SE, Washington, DC 20590-0001, or by email at
<a href="/cdn-cgi/l/email-protection#5d3c31242e2e3c7334303c301d393229733a322b"><span class="__cf_email__" data-cfemail="17767b6e646476397e7a767a5773786339707861">[email protected]</span></a>. Any materials PHMSA receives that is not
specifically designated as CBI will be placed in the public docket.
Docket: For access to the docket to read background documents or
comments received, go to <a href="http://www.regulations.gov">http://www.regulations.gov</a>. Follow the online
instructions for accessing the docket. Alternatively, you may review
the documents in person at the street address listed above.
II. Regulatory Analysis and Notices
A. Legal Authority
This direct final rule is published under the authority of the
Secretary of Transportation set forth in the Federal Pipeline Safety
Laws (49 U.S.C. 60101 et seq.) and delegated to the PHMSA Administrator
pursuant to 49 CFR 1.97. PHMSA has determined that this direct final
rule--which updates an industry standard already incorporated by
reference in the PSRs--is unlikely to elicit significant adverse
comment. See 49 U.S.C. 60102(b)(6)(A); 49 CFR 190.339.
B. Executive Orders 12866 and 14192; Regulatory Planning and Review
Executive Order (E.O.) 12866 (``Regulatory Planning and Review'');
58 FR 51735 (Oct. 4, 1993), as implemented by DOT Order 2100.6B
(``Policies and Procedures for Rulemaking''), requires agencies to
regulate in the ``most cost-effective manner,'' to make a ``reasoned
determination that the benefits of the intended regulation justify its
costs,'' and to develop regulations that ``impose the least burden on
society.'' DOT Order 2100.6B specifies that regulations should
generally ``not be issued unless their benefits are expected to exceed
their costs.'' In arriving at those conclusions, E.O. 12866 requires
that agencies should consider ``both quantifiable measures . . . and
qualitative measures of costs and benefits that are difficult to
quantify'' and ``maximize net benefits . . . unless a statute requires
another regulatory approach.'' E.O. 12866 also requires that ``agencies
should assess all costs and benefits of available regulatory
alternatives, including the alternative of not regulating.'' DOT Order
2100.6B directs that PHMSA and other Operating Administrations must
generally choose the ``least costly regulatory alternative that
achieves the relevant objectives'' unless required by law or compelling
safety need.
E.O. 12866 and DOT Order 2100.6B also require that PHMSA submit
``significant regulatory actions'' to the Office of Information and
Regulatory Affairs (OIRA) within the Executive Office of the
President's Office of Management and Budget (OMB) for review. This
direct final rule is a not significant regulatory action pursuant to
E.O. 12866; it also has not designated this rule as a ``major rule'' as
defined by the Congressional Review Act (5 U.S.C. 801 et seq.).
PHMSA has complied with the requirements in E.O. 12866 as
implemented by DOT Order 2100.6B and determined that this direct final
rule may result in cost savings by reducing regulatory burdens and
regulatory uncertainty for pipeline facility operators. Updates to
consensus industry standards are generally accepted and followed on a
voluntary basis throughout most of the pipeline industry. PHMSA
understands that most pipeline operators already purchase and
voluntarily apply industry standards--including the updated standard
that is the subject of this rulemaking--within their ordinary business
practices. Incorporation of the updated version of this standard within
the PSRs will help ensure that the industry is not forced to incur the
additional cost of complying with different versions of the same
standard. Those cost savings may also result in reduced costs for the
public to whom pipeline operators generally transfer a portion of their
compliance costs. The cost savings of this rulemaking could not be
quantified.
C. Executive Order 14219
This direct final rule is a deregulatory action pursuant to E.O.
14192 (``Unleashing Prosperity Through Deregulation''; 90 FR 9065 (Feb.
25, 2025)). PHMSA estimates that the total costs of the direct final
rule on the regulated community will be less than zero. Nor do the
proposals herein implicate any of the factors identified in section
2(a) of E.O. 14219 (``Ensuring Lawful Governance and Implementing the
President's `Department of Government Efficiency' Deregulatory
Initiative'') indicative that a regulation is ``unlawful . . . [or]
that undermine[s] the national interest.'' (90 FR 10583 (Feb. 25,
2025).
D. Energy-Related Executive Orders 13211, 14154, and 14156
The President has declared in E.O. 14156 (``Declaring a National
Energy Emergency'')''; 90 FR 8353 (Jan. 29, 2025)) a national emergency
to address America's inadequate energy development production,
transportation, refining, and generation capacity. Similarly, E.O.
14154 (``Unleashing American Energy''; 90 FR 8353 (Jan. 29, 2025))
asserts a Federal policy to unleash American energy by ensuing access
to abundant supplies of
[[Page 28118]]
reliable, affordable energy from (inter alia) the removal of ``undue
burden[s]'' on the identification, development, or use of domestic
energy resources such as PHMSA-jurisdictional gasses and hazardous
liquids. PHMSA finds this direct final rule is consistent with each of
E.O. 14156 and E.O. 14154. The direct final rule will give affected
pipeline operators the benefit of using the updated standards to
maintain or improve public safety, prevent regulatory confusion, and
reduce compliance burdens on stakeholders. PHMSA therefore expects the
regulatory amendments in this direct final rule will in turn increase
national pipeline transportation capacity and improve pipeline
operators' ability to provide abundant, reliable, affordable hazardous
liquids in response to residential, commercial, and industrial demand.
However, this direct final rule is not a ``significant energy
action'' under E.O. 13211 (``Actions Concerning Regulations That
Significantly Affect Energy Supply, Distribution, or Use''; 90 FR 8353
(Jan. 29, 2025)), which requires Federal agencies to prepare a
Statement of Energy Effects for any ``significant energy action.''
Because this direct final rule is not a significant action under E.O.
12866, it will not have a significant adverse effect on supply,
distribution, or energy use; OIRA has therefore not designated this
direct final rule as a significant energy action.
E. Executive Order 13132: Federalism
PHMSA analyzed this direct final rule in accordance with the
principles and criteria contained in E.O. 13132 (``Federalism''; 64 FR
43255 (Aug. 10, 1999)) and the Presidential Memorandum (``Preemption'')
published in the Federal Register on May 22, 2009 (74 FR 24693). E.O.
13132 requires agencies to assure meaningful and timely input by State
and local officials in the development of regulatory policies that may
have ``substantial direct effects on the States, on the relationship
between the National Government and the States, or on the distribution
of power and responsibilities among the various levels of government.''
While the direct final rule may operate to preempt some State
requirements, it will not impose any regulation that has substantial
direct effects 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. Section
60104(c) of Federal Pipeline Safety Laws prohibits certain State safety
regulation of interstate pipelines. Under Federal Pipeline Safety Laws,
States that have submitted a current certification under section
60105(a) can augment Federal pipeline safety requirements for
intrastate pipelines regulated by PHMSA but may not approve safety
requirements less stringent than those required by Federal law. A State
may also regulate an intrastate pipeline facility that PHMSA does not
regulate. The preemptive effect of the regulatory amendments in this
direct final rule is limited to the minimum level necessary to achieve
the objectives of the Federal Pipeline Safety Laws. Therefore, the
consultation and funding requirements of E.O. 13132 do not apply.
F. Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601 et seq.) requires
Federal agencies to conduct a Final Regulatory Flexibility Analysis
(FRFA) for a direct final rule subject to notice-and-comment rulemaking
under the APA unless the agency head certifies that the rulemaking will
not have a significant economic impact on a substantial number of small
entities. PHMSA expects no affected operators will face significant
costs because the reference is freely available, most operators are
already in compliance, and compliance cost differences between
standards are expected to be negligible. E.O. 13272 (``Proper
Consideration of Small Entities in Agency Rulemaking'') obliges
agencies to establish procedures promoting compliance with the
Regulatory Flexibility Act. DOT posts its implementing guidance on a
dedicated web page. This direct final rule was developed in accordance
with E.O. 13272 and DOT implementing guidance to ensure compliance with
the Regulatory Flexibility Act and that the potential impacts of the
rulemaking on small entities has been properly considered. PHMSA
certifies the direct final rule will not have a significant impact on a
substantial number of small entities.
G. Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act (UMRA, 2 U.S.C. 1501 et seq.)
requires agencies to assess the effects of Federal regulatory actions
on State, local, and Tribal governments, and the private sector. For
any proposed or direct final rule that includes a Federal mandate that
may result in the expenditure by state, local, and Tribal governments,
in the aggregate of $100 million or more (in 1996 dollars) in any given
year, the agency must prepare, amongst other things, a written
statement that qualitatively and quantitatively assesses the costs and
benefits of the Federal mandate.
This direct final rule does not impose unfunded mandates under UMRA
because it does not result in costs of $100 million or more (in 1996
dollars) per year for either State, local, or Tribal governments, or to
the private sector.
H. National Environmental Policy Act
The National Environmental Policy Act (NEPA, 42 U.S.C. 4321 et
seq.) requires that Federal agencies assess and consider the impact of
major Federal actions on the human and natural environment.
PHMSA analyzed this direct final rule in accordance with NEPA and
issues this Finding of No Significant Impact (FONSI), as it has
determined that the rulemaking will not adversely affect safety and
therefore will not significantly affect the quality of the human and
natural environment.
I. Executive Order 13175
PHMSA analyzed this direct final rule according to the principles
and criteria in E.O. 13175 (``Consultation and Coordination with Indian
Tribal Governments''; 65 FR 67249 (Nov. 9, 2000)) and DOT Order 5301.1A
(``Department of Transportation Tribal Consultation Policies and
Procedures''). E.O. 13175 requires agencies to assure meaningful and
timely input from 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 or
distribution of power between the Federal government and Tribes.
PHMSA assessed the impact of the direct final rule and determined
that it will not significantly or uniquely affect Tribal communities or
Indian Tribal governments. The rulemaking's regulatory amendments have
a broad, national scope; therefore, this direct final rule will not
significantly or uniquely affect Tribal communities, much less impose
substantial compliance costs on Native American Tribal governments or
mandate Tribal action. For these reasons, PHMSA has concluded that the
funding and consultation requirements of E.O. 13175 and DOT Order
5301.1A do not apply.
J. Paperwork Reduction Act
The Paperwork Reduction Act (44 U.S.C. 3501 et seq.) and its
implementing regulations at 5 CFR 1320.8(d) requires that PHMSA provide
interested members of the public and affected agencies with an
opportunity to
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comment on information collection and recordkeeping requests. This
rulemaking will not create, amend, or rescind any existing information
collections.
K. Executive Order 13609 and International Trade Analysis
E.O. 13609 (``Promoting International Regulatory Cooperation''; 77
FR 26413 (May 4, 2012)) requires agencies 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.
Similarly, the Trade Agreements Act of 1979 (Pub. L. 96-39), as
amended by the Uruguay Round Agreements Act (Pub. L. 103-465),
prohibits Federal agencies from establishing any standards or engaging
in related activities that create unnecessary obstacles to the foreign
commerce of the United States. For purposes of these requirements,
Federal agencies may participate in the establishment of international
standards, so long as the standards have a legitimate domestic
objective, such as providing for safety, and do not operate to exclude
imports that meet this objective. The statute also requires
consideration of international standards and, where appropriate, that
they be the basis for U.S. standards.
PHMSA engages with international standards setting bodies to
protect the safety of the American public. PHMSA has assessed the
effects of the direct final rule and has determined that its regulatory
amendments will not cause unnecessary obstacles to foreign trade.
L. Cybersecurity and Executive Order 14028
E.O. 14028 (``Improving the Nation's Cybersecurity''; 86 FR 26633
(May 17, 2021)) directed the Federal government to improve its efforts
to identify, deter, and respond to ``persistent and increasingly
sophisticated malicious cyber campaigns.'' PHMSA has considered the
effects of the direct final rule and has determined that its regulatory
amendments will not materially affect the cybersecurity risk profile
for pipeline facilities.
List of Subjects in 49 CFR Part 195
Anhydrous ammonia, Carbon dioxide, Definitions, Incorporation by
reference, Petroleum, Pipeline Safety.
For the reasons set forth above, PHMSA amends 49 CFR part 195 as
follows:
PART 195--TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE
0
1. The authority citation for part 195 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. In Sec. 195.3, revise paragraph (b)(11) to read as follows:
Sec. 195.3 What documents are incorporated by reference partly or
wholly in this part?
* * * * *
(b) * * *
(11) API Recommended Practice 2026, Safe Access/Egress Involving
Floating Roofs of Storage Tanks in Petroleum Service, 4th edition, July
2022, (API RP 2026); IBR approved for Sec. 195.405(b).
* * * * *
Issued in Washington, DC, on June 26, 2025, under the authority
delegated in 49 CFR 1.97.
Benjamin D. Kochman,
Acting Administrator.
[FR Doc. 2025-12071 Filed 6-27-25; 4:15 pm]
BILLING CODE 4910-60-P
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