Pipeline Safety: Adjust Annual Report Filing Timelines
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Abstract
This DFR extends the deadline for submitting annual reports for operators of gas distribution pipelines, gas transmission pipelines, regulated gas gathering pipelines, Type R gas gathering lines, underground natural gas storage facilities, and liquefied natural gas facilities. Annual reports for gas pipeline and gas pipeline storage facilities are now due on June 15, consistent with existing requirements for hazardous liquid pipelines.
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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 28047-28050]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-12112]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Part 191
[Docket No. PHMSA-2025-0108; Amdt. Nos. 191-35]
RIN 2137-AF77
Pipeline Safety: Adjust Annual Report Filing Timelines
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 extends the deadline for submitting annual reports
for operators of gas distribution pipelines, gas transmission
pipelines, regulated gas gathering pipelines, Type R gas gathering
lines, underground natural gas storage facilities, and liquefied
natural gas facilities. Annual reports for gas pipeline and gas
pipeline storage facilities are now due on June 15, consistent with
existing requirements for hazardous liquid pipelines.
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-2025-0108 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: Sayler Palabrica, Transportation
Specialist, 1200 New Jersey Avenue SE, Washington, DC 20590, 202-744-
0825, <a href="/cdn-cgi/l/email-protection#8af9ebf3e6eff8a4faebe6ebe8f8e3e9ebcaeee5fea4ede5fc"><span class="__cf_email__" data-cfemail="3a495b43565f48144a5b565b584853595b7a5e554e145d554c">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. General Discussion
Through this DFR, PHMSA is extending the deadline for submitting
annual reports for gas pipelines required by PHMSA in 49 CFR part 191.
Unlike ad-hoc reports for incidents, accidents, and safety-related
conditions that are driven by the occurrence of certain consequential
events, annual reports consist of summary information of mileage and
performance indicators for the previous calendar year. While this
information is useful to PHMSA, operators, and the general public, it
is not urgent like notifications to the National Response Center or
reports of incidents and accidents.
The March 15 deadline for submitting annual reports in part 191 was
established in 1984 (87 FR 18956 (May 3, 1984)). At that time, the
annual report form for gas distribution lines was two pages long and
the annual report form for gas transmission and regulated gas gathering
lines was a single page (87 FR 18956 (May 3, 1984)). The information
collected on annual report forms has expanded significantly in the
ensuing decades to support the implementation of new regulatory
programs, including damage prevention program requirements, gas
transmission and gas distribution integrity management program
requirements in subparts O and P, and the adoption of entirely new
categories of regulated gas gathering lines and regulated underground
natural gas storage facilities (UNGSF).
Currently, the gas distribution annual report form is 4 pages long,
the annual report form for gas transmission and regulated gas gathering
is 22 pages long, and the UNGSF annual report form is 3 pages long.
Though important, the amount of information that operators must collect
and report for the entire preceding calendar year is far more
significant than in 1984, and operators must complete that task in a
very short (three-month) period of time. In contrast, PHMSA provides
hazardous liquid and carbon dioxide pipeline operators with a much
longer (six-month) period of time to submit the comparable annual
report form under 49 CFR 195.49.
Recently submitted public comments have identified the deadline for
submitting annual reports under part 191 as imposing an unnecessary
regulatory burden that increases compliance costs (90 FR 14593, Docket
No. DOT-OST-2025-0026). The current 3-month deadline for submitting
annual reports requires operators to pay employees overtime or engage
additional contract support that has no impact on addressing pipeline
safety or protecting the environment (Docket No. DOT-OST-2025-0026-
0897). To the extent that these efforts draw limited resources away
from operator efforts to comply with substantive, safety-enhancing
requirements, the existing annual report timelines may be detrimental
to public safety. These burdens and safety impacts are compounded for
operators that manage multiple types of facilities jurisdictional to
PHMSA.
For these reasons, PHMSA is extending the deadline for submitting
gas pipeline annual reports in part 191 from March 15 to June 15. This
new deadline aligns with the comparable requirements for hazardous
liquid pipelines in Sec. 195.49. While this change does not affect the
scope or total burden of preparing and submitting annual reports, PHMSA
expects extending the compliance timeline will result in cost savings
from reducing the need to rely on contractors or overtime to meet
current three-month filing window. The reporting requirements that are
extended to June 15 are listed in the table below.
Table 1--Summary of Affected Reporting Requirements
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Facilities Section Form
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Gas Distribution................ Sec. 191.11(a).. PHMSA Form F7100.1-
1.
[[Page 28048]]
Gas Transmission, Offshore Gas Sec. PHMSA Form F7100.2-
Gathering, and Regulated 191.17(a)(1). 1.
Onshore Gas Gathering.
Type R Gas Gathering............ Sec. PHMSA Form F7100.2-
191.17(a)(2). 3.
Liquefied Natural Gas Facilities Sec. 191.17(b).. PHMSA Form F7100.3-
1.
UNGSF........................... Sec. 191.17(c).. PHMSA Form F7100.4-
1.
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Commenting
Instructions: Please include the docket number PHMSA-2025-0108 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 United State Code (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 Sayler
Palabrica, Office of Pipeline Safety, 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#601301190c05124e10010c01021209030120040f144e070f16"><span class="__cf_email__" data-cfemail="b7c4d6cedbd2c599c7d6dbd6d5c5ded4d6f7d3d8c399d0d8c1">[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 as 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. Upon evaluation, and for the reasons explained
above, PHMSA has determined that this direct final rule is unlikely to
elicit significant adverse comment. 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 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 procedural and analytical requirements
in E.O. 12866 as implemented by DOT Order 2100.6B. In so doing, PHMSA
has determined that this direct final rule will result in significant
cost savings by reducing regulatory burdens and regulatory uncertainty
for pipeline facility operators by reducing costs from overtime or
contractor support needed to meet excessively strict regulatory
deadlines. PHMSA expects those cost savings will 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 Orders 14192 and 14219
This 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
[[Page 28049]]
. . . [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 cost savings associated with preparing
annual reports. 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 natural gas 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 ensure 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 Administrative Procedure Act unless the agency head certifies
that the proposed 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)) 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.
PHMSA expects that this direct final rule will relieve a regulatory
burden and therefore 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 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 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
[[Page 28050]]
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 nor rescind any existing
information collections; however, this rulemaking provides for a 30-day
comment period. After the effective date of the final rule, PHMSA will
request amendment of the pertinent information collections consistent
with Paperwork Reduction Act requirements and implementing guidance.
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 191
Pipeline Safety, Reporting and recordkeeping requirements.
In consideration of the foregoing, PHMSA amends 49 CFR part 191, as
follows:
PART 191--TRANSPORTATION OF NATURAL AND OTHER GAS BY PIPELINE;
ANNUAL, INCIDENT, AND OTHER REPORTING
0
1. The authority citation for part 191 continues to read as follows:
Authority: 30 U.S.C. 185(w)(3), 49 U.S.C. 5121, 60101 et seq.,
and 49 CFR 1.97.
Sec. 191.11 [Amended]
0
2. In Sec. 191.11(a), remove the word ``March'' and add in its place
the word ``June''.
Sec. 191.17 [Amended]
0
3. In Sec. 191.17(a)(1), (a)(2), (b), and (c) remove the phrase
``March 15'' wherever it appears and add in its place the phrase ``June
15''.
Issued in Washington, DC, on June 26, 2025, under the authority
delegated in 49 CFR 1.97.
Benjamin D. Kochman,
Acting Administrator.
[FR Doc. 2025-12112 Filed 6-27-25; 4:15 pm]
BILLING CODE 4910-60-P
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</html>This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.