Proposed Rule2025-12117
Pipeline Safety: Atmospheric Corrosion Reassessment for Pipeline Replacements
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
Issuing agencies
Transportation DepartmentPipeline and Hazardous Materials Safety Administration
Abstract
PHMSA is proposing to revise the corrosion requirements in 49 CFR part 192 for gas distribution systems by replacing the 3-year reassessment interval with a 5-year reassessment interval following the replacement of pipeline segments or components in service lines. This change would provide cost savings to gas distribution operators.
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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)]
[Proposed Rules]
[Pages 28603-28606]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-12117]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Part 192
[Docket No. PHMSA-2025-0115]
RIN 2137-AF85
Pipeline Safety: Atmospheric Corrosion Reassessment for Pipeline
Replacements
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
Department of Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: PHMSA is proposing to revise the corrosion requirements in 49
CFR part 192 for gas distribution systems by replacing the 3-year
reassessment interval with a 5-year reassessment interval following the
replacement of pipeline segments or components in service lines. This
change would provide cost savings to gas distribution operators.
DATES: Persons interested in submitting written comments on this
proposed rule must do so by September 2, 2025.
ADDRESSES: You may submit comments identified by the Docket Number
PHMSA-2025-0115 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.
[[Page 28604]]
For commenting instructions and additional information about
commenting, see SUPPLEMENTARY INFORMATION.
FOR FURTHER INFORMATION CONTACT: Robert Jagger, Senior Transportation
Specialist, by telephone at 202-366-4361 or by email at
<a href="/cdn-cgi/l/email-protection#fc8e939e998e88d2969d9b9b998ebc989388d29b938a"><span class="__cf_email__" data-cfemail="cfbda0adaabdbbe1a5aea8a8aabd8faba0bbe1a8a0b9">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. General Discussion
In this NPRM, PHMSA is proposing to revise the atmospheric
corrosion control requirements in Sec. 192.481 for gas distribution
service lines. Section 192.481(a)(2) generally requires operators to
inspect service lines for evidence of atmospheric corrosion on a 5-year
interval. If evidence of atmospheric corrosion is found during the most
recent inspection, however, Sec. 192.481(d) requires operators to
conduct the next inspection of a service line on a 3-year interval.
Section 192.481(d) requires operators to conduct that 3-year
reinspection even if the atmospheric corrosion found during the most
recent inspection is remediated by replacing the affected portion of
the service line.
PHMSA has made a preliminary determination that requiring a 3-year
reinspection for evidence of atmospheric corrosion is unnecessary and
imposes an undue burden if an operator replaces the affected portion of
a service line. Atmospheric corrosion presents minimal risk to new
service lines, and operators can effectively manage that risk by
conducting inspections on the standard 5-year interval. In addition,
requiring operators to reinspect replaced service lines on a shorter
interval imposes additional costs that are not justified by a
corresponding benefit. Accordingly, PHMSA is proposing to amend Sec.
192.481(d) by providing an exception to the 3-year reinspection
interval for replaced service lines.
Commenting
Instructions: Please include the docket number PHMSA-2025-0115 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 States 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 Robert
Jagger, PHP-30, 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#8dffe2efe8fff9a3e7eceaeae8ffcde9e2f9a3eae2fb"><span class="__cf_email__" data-cfemail="c4b6aba6a1b6b0eaaea5a3a3a1b684a0abb0eaa3abb2">[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="https://www.regulations.gov">https://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 NPRM 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.
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 NPRM
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 expects that this NPRM may result
in cost savings by reducing regulatory burdens and regulatory
uncertainty for pipeline facility operators related to the performance
of atmospheric corrosion inspections and the reassessment intervals of
such inspections. 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.
[[Page 28605]]
C. Executive Orders 14192 and 14219
This NPRM is expected to be a deregulatory action pursuant to
Executive Order (E.O.) 12866 (``Regulatory Planning and Review''; 58 FR
51735 (Oct. 4, 1993)). PHMSA estimates that the total costs of the NPRM
on the regulated community would 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 NPRM is consistent with each of
E.O. 14156 and E.O. 14154. The NPRM would give affected pipeline
operators reduced compliance obligations regarding atmospheric
corrosion inspection intervals in response to pipe replacements. PHMSA
therefore expects the regulatory amendments in this NPRM 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 NPRM 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.'' This NPRM is not a
significant action under E.O. 12866 and also, it would not have a
significant adverse effect on supply, distribution, or energy use; OIRA
has therefore not designated this NPRM as a significant energy action.
E. Executive Order 13132: Federalism
PHMSA analyzed this NPRM 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 this NPRM may operate to preempt some State requirements, it
would 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 NPRM 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 an Initial Regulatory Flexibility Analysis
(IRFA) for an NPRM subject to notice-and-comment rulemaking under the
Administrative Procedure Act unless the agency head certifies that the
proposed rule 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.\1\ This NPRM was
developed in accordance with E.O. 13272 and DOT implementing guidance
to ensure compliance with the Regulatory Flexibility Act. The proposed
rule is expected to reduce regulatory burdens. Therefore, PHMSA
certifies the proposed rulemaking will not have a significant impact on
a substantial number of small entities.
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\1\ DOT, ``Rulemaking Requirements Related to Small Entities,''
<a href="https://www.transportation.gov/regulations/rulemaking-requirements-concerning-small-entities">https://www.transportation.gov/regulations/rulemaking-requirements-concerning-small-entities</a> (last accessed Sept 3, 2024).
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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 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 NPRM 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 NPRM in accordance with NEPA and issues this
draft Finding of No Significant Impact (FONSI), as it has preliminarily
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 NPRM 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
[[Page 28606]]
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 this NPRM and determined that it would
not significantly or uniquely affect Tribal communities or Indian
Tribal governments. The rulemaking's regulatory amendments have a
broad, national scope; therefore, this NPRM would 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 NPRM would 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 this NPRM and has determined that its proposed regulatory
amendments would 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 this NPRM and has determined that its regulatory amendments
would not materially affect the cybersecurity risk profile for pipeline
facilities.
List of Subjects in 49 CFR Part 192
Natural gas, Pipeline safety, Pipelines.
In consideration of the foregoing, PHMSA proposes to revise 49 CFR
part 192 as follows:
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. 5121, 60101 et. seq.,
and 49 CFR 1.97.
0
2. Amend Sec. 192.481 by revising paragraph (d) to read as follows:
Sec. 192.481 Atmospheric corrosion control: Monitoring.
* * * * *
(d) If atmospheric corrosion is found on a service line during the
most recent inspection, then the next inspection of that pipeline or
portion of pipeline must be within 3 calendar years, but with intervals
not exceeding 39 months, unless the service line is replaced.
Issued in Washington, DC, on June 26, 2025, under the authority
delegated in 49 CFR 1.97.
Benjamin D. Kochman,
Acting Administrator.
[FR Doc. 2025-12117 Filed 6-27-25; 4:15 pm]
BILLING CODE 4910-60-P
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