Proposed Rule2025-12131
Pipeline Safety: Codify Enforcement Discretion on Incidental Gathering Lines
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 proposes to codify a statement of limited enforcement discretion applicable to "incidental gathering" lines. The proposed rule completes PHMSA's commitment within its response to a petition for reconsideration of a 2021 final rule affecting the regulation of onshore gas gathering pipelines.
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)]
[Proposed Rules]
[Pages 28597-28600]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-12131]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Part 192
[Docket No. PHMSA-2025-0113
RIN 2137-AF83
Pipeline Safety: Codify Enforcement Discretion on Incidental
Gathering Lines
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
Department of Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: PHMSA proposes to codify a statement of limited enforcement
discretion applicable to ``incidental gathering'' lines. The proposed
rule completes PHMSA's commitment within its response to a petition for
reconsideration of a 2021 final rule affecting the regulation of
onshore gas gathering pipelines.
DATES: Comments must be received on or before September 2, 2025.
ADDRESSES: You may submit comments identified by the Docket Number
PHMSA-2025-0113 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, or by email at <a href="/cdn-cgi/l/email-protection#dcafbda5b0b9aef2acbdb0bdbeaeb5bfbd9cb8b3a8f2bbb3aa"><span class="__cf_email__" data-cfemail="d7a4b6aebbb2a5f9a7b6bbb6b5a5beb4b697b3b8a3f9b0b8a1">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. General Discussion
On November 15, 2021, PHMSA published a final rule titled
``Pipeline Safety: Safety of Gas Gathering Pipelines: Extension of
Reporting Requirements, Regulation of Large, High-Pressure Lines, and
Other Related Amendments'' in the Federal Register (86 FR 63266 (Nov.
15, 2021)) establishing new reporting and safety requirements for gas
gathering pipelines in Class 1 locations. One of the regulatory
amendments adopted in that final rule (at Sec. 192.8) imposed a 10-
mile limitation on the historical exception from certain part 192
requirements applicable to gas transmission lines for ``incidental
gathering'' pipeline segments. Operators are required to identify gas
gathering pipelines and regulated onshore gathering lines based on the
function of that pipeline in accordance with Sec. Sec. 192.3 and
192.8, and the first edition of American Petroleum Institute (API)
Recommended Practice (RP) 80, ``Guidelines for the Definitions of
Onshore Gas Gathering Lines.'' Under these provisions, the endpoint of
an onshore gathering line and the beginning of a transmission or
distribution line is the furthermost downstream endpoint of gathering
described in section 2.2(a)(1) of API RP 80, subject to the limitations
in Sec. 192.8(a). The possible endpoints defined in API RP
80(a)(1)(A)-(D) and Sec. 192.8(a) include a natural gas processing
plant, gas gathering treatment facility, point of comingling from
separate fields, or a gathering-related compressor station. API RP
80(a)(1)(E) also includes an ``incidental gathering'' designation for
piping downstream of the furthermost downstream functional endpoint of
gathering that is used to connect to ``another pipeline.'' The 2021 Gas
Gathering Final Rule imposed a new, 10-mile limitation on the use of
the incidental gathering line designation in API RP 80. That limitation
applies to gathering lines that are ``new, replaced, relocated, or
otherwise changed'' after May 16, 2022, and, if exceeded, requires that
the entire length of the pipeline be classified as a gas transmission
line under part 192.
On December 15, 2021, the American Petroleum Institute (API) and
the GPA Midstream Association submitted a petition for reconsideration
(Petition) of the 2021 Gathering Gas Final Rule (Docket No. PHMSA-2011-
0023-0493). In their Petition, API and GPA Midstream noted that
applying the 10-mile limitation to existing gas gathering lines could
require an operator to redesignate the entire length of the line as a
gas transmission line in certain scenarios. On April 1, 2022, PHMSA
issued a response (Petition Response, Docket No. PHMSA-2011-0023-0504)
acknowledging that concern and noting that some incidental gathering
line operators would respond by deferring safety-enhancing repairs to
avoid the change of regulatory status. To provide PHMSA with the
opportunity to consider the issue more closely, PHMSA issued a limited
exercise of enforcement discretion providing relief from the 10-mile
limitation for existing incidental gathering lines (87 FR 26926 (May 4,
2022)).
PHMSA is now proposing to codify the relief provided in the
enforcement discretion at Sec. 192.8(a)(5). As a result of this
proposed regulatory amendment, the 10-mile restriction on use of the
``incidental gathering'' designation would no longer apply to portions
of an existing pipeline that had been designated as ``incidental
gathering'' on or before May 16, 2022, which are subsequently
relocated, replaced, or otherwise changed. Pipelines newly installed
after May 16, 2022, would remain subject to the 10-mile limitation on
the ``incidental gathering'' designation at Sec. 192.8(a)(5).
PHMSA is not aware of any incidents or safety related conditions on
gathering lines currently subject to the enforcement discretion. As
explained in the Regulatory Impact Analysis for the 2021 Gas Gathering
Final Rule, PHMSA also believes that the aggregate length of pipe
affected by the 10-mile limitation on the use of the incidental
gathering
[[Page 28598]]
designation is small.\1\ However, the compliance costs for existing
incidental gathering lines affected by the 10-milie limitation could be
significant for some operators. As noted in the Petition Response, the
incidental gathering limitation as written could trigger substantially
more burdensome regulatory requirements when an operator replaces,
relocates, or otherwise changes an existing incidental gathering line.
This could incentivize the delay of safety-enhancing maintenance
activity. Eliminating regulatory uncertainty regarding existing
incidental gas gathering lines could therefore enhance safety to the
extent that it encourages operators to perform such maintenance.
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\1\ PHMSA, Doc. No. PHMSA-2011-0023-0488, ``Regulatory Impact
Analysis for the Gas Gathering Final Rule'' at 23 (Nov. 2021).
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Commenting
Instructions: Please include the docket number PHMSA-2025-0113 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 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#4f3c2e36232a3d613f2e232e2d3d262c2e0f2b203b61282039"><span class="__cf_email__" data-cfemail="7300120a1f16015d03121f1211011a101233171c075d141c05">[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 proposed 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.
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
proposed 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
expects that this proposed rule would result in cost savings by
reducing regulatory burdens and regulatory uncertainty for pipeline
facility operators by codifying PHMSA's existing exercise of its
enforcement discretion to provide that an operator is not required to
redesignate existing incidental gathering lines as transmission lines
as a result of replacement, relocation, or other changes. While PHMSA
exercised enforcement discretion for such lines, this change results in
cost savings to the extent that operators would otherwise reclassify
incidental gathering lines due to regulatory uncertainty or action by
State regulators. 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 Orders 14192 and 14219
This NPRM is expected to 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 NPRM 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).
[[Page 28599]]
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 preliminarily finds this proposed rule is
consistent with each of E.O. 14156 and E.O. 14154. The proposed rule
will give affected pipeline operators regulatory certainty and cost
savings by clarifying that operators of lines designated as
``incidental gathering'' lines as of May 16, 2022, would not need to
redesignate those existing lines as transmission lines following
replacement, relocation, or other changes on those lines. PHMSA
therefore expects the regulatory amendments in this proposed 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 proposed 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
proposed 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 proposed rule as a
significant energy action.
E. Executive Order 13132: Federalism
PHMSA analyzed this proposed 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 proposed rule may (when finalized) 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
proposed 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 an Initial Regulatory Flexibility Analysis
(IRFA) for a proposed rule subject to notice-and-comment rulemaking
under the Administrative Procedure Act unless the agency head certifies
that the proposed rule in 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)) obliges agencies to establish procedures
promoting compliance with the Regulatory Flexibility Act. DOT posts its
implementing guidance on a dedicated web page. This proposed rule 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 rule (if finalized) 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 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 proposed rule does not impose unfunded mandates under UMRA.
PHMSA does not expect the proposed rule will 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 proposed rule in accordance with NEPA and 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. The public is invited to comment on the
impact of the proposed action.
I. Executive Order 13175
PHMSA analyzed this proposed 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 proposed rule and determined that
it will not significantly or uniquely affect Tribal communities or
Indian Tribal governments. The rulemaking's
[[Page 28600]]
regulatory amendments have a broad, national scope; therefore, this
proposed 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 engages with international standards setting bodies to
protect the safety of the American public. PHMSA has assessed the
effects of the proposed 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 proposed 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.
For the reasons set forth above, PHMSA proposes to amend 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 49 CFR part 192 continues to read as
follows:
Authority: 30 U.S.C. 185(w)(3), 49 U.S.C. 5103, 60101 et. seq.,
and 49 CFR 1.97.
Sec. 192.8 [Amended]
0
2. In Sec. 192.8(a)(5), remove the phrase, ``new, replaced, relocated,
or otherwise changed gas gathering pipelines installed'' and add in its
place the phrase ``new gas gathering pipelines installed entirely''.
Issued in Washington, DC, on June 26, 2025, under the authority
delegated in 49 CFR 1.97.
Benjamin D. Kochman,
Acting Administrator.
[FR Doc. 2025-12131 Filed 6-27-25; 4:15 pm]
BILLING CODE 4910-60-P
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