Rule2025-12076
Pipeline Safety: Rationalize Calculation of Regulatory Filing and Compliance Deadlines
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
October 9, 2025
Issuing agencies
Transportation DepartmentPipeline and Hazardous Materials Safety Administration
Abstract
This DFR amends PHMSA's procedural regulations to establish a rule of construction clarifying the operation of procedural filing deadlines scheduled to fall on weekends and Federal holidays.
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 28044-28047]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-12076]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Part 190
[Docket No. PHMSA-2025-0106; Amdt. No. 190-23]
RIN 2137-AF76
Pipeline Safety: Rationalize Calculation of Regulatory Filing and
Compliance Deadlines
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 procedural regulations to establish a
rule of construction clarifying the operation of procedural filing
deadlines scheduled to fall on weekends and Federal holidays.
DATES: The DFR is effective October 9, 2025, 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 those comments.
ADDRESSES: You may submit comments identified by the Docket Number
PHMSA-2025-0106 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: Brianna Wilson, Transportation
Specialist, by phone at 771-215-0969 or email at
<a href="/cdn-cgi/l/email-protection#e684948f87888887c8918f8a958988a6828992c8818990"><span class="__cf_email__" data-cfemail="9bf9e9f2faf5f5fab5ecf2f7e8f4f5dbfff4efb5fcf4ed">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. General Discussion
PHMSA's administrative procedures for enforcement and regulation
are codified at 49 CFR part 190. Part 190 contains numerous filing and
compliance deadlines but says nothing about what happens when those
deadlines fall on a weekend or a Federal holiday. That omission has
real-world financial consequences for operators and other interested
persons; they may incur additional costs by accelerating workstreams or
incurring overtime personnel costs to satisfy a deadline early that
would otherwise fall on a weekend or Federal holiday.
To avoid that result, PHMSA is amending the definition of ``day''
at Sec. 190.3 to specify that a filing deadline scheduled to fall on a
weekend or Federal holiday will be deferred until the following
business day. PHMSA notes that this rule of regulatory construction
will only apply to part 190 filing requirements and not to other filing
or regulatory compliance deadlines elsewhere in the pipeline safety
regulations (PSRs, 49 CFR parts 190-199).
PHMSA finds that adjusting the part 190 filing deadlines is
unlikely to have any meaningful impact on the public safety but will
provide operators and other interested parties with additional
certainty and generate cost savings.
Commenting
Instructions: Please include the docket number PHMSA-2025-0106 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 Brianna
Wilson, Standards and Rulemaking Division, Pipeline and Hazardous
Materials Safety Administration (PHMSA), 2nd Floor, 1200 New Jersey
Avenue SE,
[[Page 28045]]
Washington, DC 20590-0001, or by email at <a href="/cdn-cgi/l/email-protection#cba9b9a2aaa5a5aae5bca2a7b8a4a58bafa4bfe5aca4bd"><span class="__cf_email__" data-cfemail="0e6c7c676f60606f207967627d61604e6a617a20696178">[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 is unlikely to elicit significant adverse comment because it is a
rule of agency procedure that provides interested parties with
additional flexibility and certainty in meeting their part 190 filing
requirements. See 49 U.S.C. 60102(b)(6)(A); 49 CFR 190.339.
B. Executive Order 12866; 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 been designated 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 for
pipeline facility operators and other external stakeholders with no
adverse impact on safety. The cost savings of this rulemaking could not
be quantified.
C. Executive Orders 14192 and 14219
This direct final rule will be a deregulatory action pursuant to
E.O. 14192 (``Unleashing Prosperity Through Deregulation''; (90 FR 9065
(Feb. 6, 2025)). PHMSA estimates that the total costs of the rule on
the regulated community will be less than zero. Nor does this
rulemaking 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 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 greater flexibility in
responding to filing deadlines set forth in part 190. PHMSA therefore
expects the regulatory amendments in this direct final rule will not
adversely affect national pipeline transportation capacity or pipeline
operators' ability to provide abundant, reliable, affordable natural
gas and 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''; (66 FR
28355 (May 22, 2001)), 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.''
PHMSA finds that this direct final rule is a rule of agency
procedure that will not impose a 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. 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. E.O. 13272 (``Proper Consideration of Small Entities in
Agency Rulemaking''; 67 FR 53461 (Aug. 16, 2002)). E.O. 13272 (``Proper
Consideration of Small Entities in Agency Rulemaking'') \9\ obliges
agencies
[[Page 28046]]
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. PHMSA expects that this direct final rule
will relieve a regulatory burden and therefore 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 Polices 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 amendment merely
adopts a rule of agency procedure providing pipeline operators and
other interested persons (including Tribal communities and Indian
Tribal governments) greater flexibility in satisfying PSR filing and
regulatory deadlines; 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 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 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 190
Administrative procedure.
For the reasons set forth above, PHMSA amends 49 CFR part 190 as
follows:
PART 190--PIPELINE SAFETY ENFORCEMENT AND REGULATORY PROCEDURES
0
1. The authority citation for part 190 continues to read as follows:
Authority: 33 U.S.C. 1321(b) and 49 U.S.C. 60101 et seq.
0
2. In Sec. 190.3, revise the definition of ``Day'' to read as follows:
Sec. 190.3 Definitions.
* * * * *
Day means a 24-hour period ending at 11:59 p.m. Unless otherwise
specified, a day refers to a calendar day. When a deadline mandated by
this part is scheduled to fall on a day that is a Saturday, Sunday, or
Federal holiday, the deadline will be adjusted to the next business
day.
* * * * *
[[Page 28047]]
Issued in Washington, DC, on June 26, 2025, under the authority
delegated in 49 CFR 1.97.
Benjamin D. Kochman,
Acting Administrator.
[FR Doc. 2025-12076 Filed 6-27-25; 4:15 pm]
BILLING CODE 4910-60-P
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