Rule2026-08055
Pipeline Safety: Consent Orders.
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
April 24, 2026
Effective
April 24, 2026
Issuing agencies
Transportation DepartmentPipeline and Hazardous Materials Safety Administration
Abstract
PHMSA is amending its procedural regulations to clarify that consent agreements may be used to resolve all PHMSA enforcement proceedings, including cases with civil penalties.
Full Text
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<title>Federal Register, Volume 91 Issue 79 (Friday, April 24, 2026)</title>
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[Federal Register Volume 91, Number 79 (Friday, April 24, 2026)]
[Rules and Regulations]
[Pages 21970-21973]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-08055]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Part 190
[Docket No. PHMSA-2026-1538; Amdt. No. 190-26]
RIN 2137-AG42
Pipeline Safety: Consent Orders.
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
Department of Transportation (DOT).
ACTION: Final rule.
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SUMMARY: PHMSA is amending its procedural regulations to clarify that
consent agreements may be used to resolve all PHMSA enforcement
proceedings, including cases with civil penalties.
DATES: Effective on April 24, 2026.
FOR FURTHER INFORMATION CONTACT: Kathleen Maitland, Attorney Advisor,
Office of Chief Counsel, Pipeline and Hazardous Materials Safety
Administration, U.S. Department of Transportation, 1200 New Jersey
[[Page 21971]]
Avenue SE, Washington, DC 20590, <a href="/cdn-cgi/l/email-protection#6e050f1a06020b0b0040030f071a020f000a2e0a011a40090118"><span class="__cf_email__" data-cfemail="95fef4e1fdf9f0f0fbbbf8f4fce1f9f4fbf1d5f1fae1bbf2fae3">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. Discussion
PHMSA regulations governing enforcement proceedings in 49 CFR 190
allow parties to resolve certain matters by entering into consent
agreements and orders. However, the regulations do not specifically
authorize the use of consent agreements and orders to resolve all
enforcement proceedings, including those involving civil penalties.
In this final rule, PHMSA is clarifying that consent agreements and
orders may be used to resolve all enforcement proceedings brought under
the part 190, subpart B regulations. Specifically, the final rule
amends Sec. 190.219(a) to state that any pending enforcement
proceeding may be resolved by consent agreement and order. It also
amends Sec. 190.219(b)(3) to reference enforcement notices generally,
rather than notices of probable violation specifically. Finally, the
final rule includes as an available response option in Sec. 190.208(a)
a request for execution of a consent agreement and order for notices of
probable violation that include a civil penalty.
II. Regulatory Analyses and Notices
A. Legal Authority
This 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. The amendments adopted herein affect provisions in 49
CFR part 190 governing PHMSA's enforcement procedures and therefore
pertain to ``rules of agency organization, procedure, or practice''
that are being published as a final rule without notice and comment and
with an immediate effective date as permitted by 5 U.S.C. 553(b)(A).
PHMSA similarly finds that publication of a proposed rulemaking on
which comment is solicited would be ``unnecessary'' pursuant to section
553(b)(B) of the Administrative Procedure Act (5 U.S.C. 551 et seq.)
because this rulemaking merely aligns PHMSA enforcement regulations
with current practices for resolving some enforcement actions.
B. Executive Order 12866
E.O. 12866, Regulatory Planning and Review, as implemented by DOT
Order 2100.6B (``Policies and Procedures for Rulemaking'') and DOT
Order 2100.7 (``Ensuring Reliance upon Sound Economic Analysis in
Department of Transportation Policies, Programs, and Activities''),
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.'' 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. DOT Order 2100.6B also specifies that
regulations should generally ``not be issued unless their benefits are
expected to exceed their costs.'' DOT Order 2100.7 requires that ``all
rulemaking activities shall be based on sound economic principles and
analysis supported by rigorous cost-benefit requirement.''
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
final rule is a not significant regulatory action pursuant to E.O.
12866; OMB 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 and DOT Order 2100.7.
This final rule does not impose new burdens, as the changes made
therein are non-substantive and do not impose additional requirements
to how previous petitions have been processed. By establishing a
written procedure, the final rule will introduce uniformity in the
petition process. PHMSA also determined that the final rule will not
have any adverse safety impacts.
C. Executive Orders 14192 and 14219
This final rule is considered a deregulatory action pursuant to
E.O. 14192, Unleashing Prosperity Through Deregulation. PHMSA estimates
that the total costs of the rule on the regulated community will be de
minimis, as the non-substantive changes of this rulemaking do not
impose any new requirements on pipeline operators, and the changes
therein should improve the clarity and compliance with PHMSA
regulations. By codifying PHMSA's current, informal procedures
governing the submission and review of petitions for declaratory
orders, the rulemaking places guardrails preventing potential abuse of
agency discretion in the review of such petitions. Nor does this rule
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.''
D. Energy-Related Executive Orders 13211, 14154, and 14156
The President has declared in E.O. 14156, Declaring a National
Energy Emergency, a national emergency to address America's inadequate
energy development production, transportation, refining, and generation
capacity. Similarly, E.O. 14154, Unleashing American Energy, 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 gases and
hazardous liquids. PHMSA finds this final rule is consistent with each
of E.O. 14156 and E.O. 14154. The final rule will clarify that consent
agreements may be used to resolve all PHMSA enforcement proceedings,
including cases with civil penalties. The provisions of this final rule
are non-substantive and will not impose new requirements on pipeline
operators.
This final rule is not a ``significant energy action'' under E.O.
13211, Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use, which requires Federal agencies to
prepare a Statement of Energy Effects for any ``significant energy
action.'' Because this 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
final rule as a significant energy action.
E. Executive Order 13132: Federalism
PHMSA analyzed this final rule in accordance with the principles
and criteria contained in E.O. 13132, Federalism, and the Presidential
Memorandum (``Preemption'')
[[Page 21972]]
published in the Federal Register on May 22, 2009. 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.''
Because this final rule governs PHMSA's enforcement procedures, 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. Therefore, the consultation and funding
requirements of E.O. 13132 do not apply.
F. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA, 5 U.S.C. 601 et seq.) requires
Federal agencies to conduct a Final Regulatory Flexibility Analysis
(FRFA) for a final rule subject to notice-and-comment rulemaking,
unless the agency certifies that the rule will not have a significant
economic impact on a substantial number of small entities. The RFA
applies only to rules for which an agency is required to first publish
a proposed rule (see 5 U.S.C. 603(a) and 604(a)). PHMSA is not required
to publish a notice of proposed rulemaking for this final rule, so the
RFA does not apply. However, PHMSA expects no affected operators will
face significant costs from clarifying that consent orders may be used
to resolve all PHMSA enforcement proceedings; such clarification will
likely reduce regulatory burdens as it enhances regulatory certainty in
the procedures governing resolution of PHMSA enforcement proceedings.
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 ($203 million in
2024 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 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
PHMSA has analyzed this rule pursuant to the National Environmental
Policy Act (NEPA, 42 U.S.C. 4321 et seq.) and has determined it is
categorically excluded under 23 CFR 771.117(c)(20), which applies to
the promulgation of rules, regulations, and directives. Under section 9
of DOT Order 5610.1D (``DOT's Procedures for Considering Environmental
Impacts''), PHMSA may apply a categorical exclusion (CE) established in
another Operating Administration's (OA's) procedures. PHMSA followed
the requirements outlined in DOT Order 5610.1D to apply the Federal
Highway Administration's (FHWA's) CE to this deregulatory action. PHMSA
does not anticipate any adverse environmental impacts from this rule,
and PHMSA has determined no unusual circumstances are present under 23
CFR 771.117(b). PHMSA's Categorical Exclusion Determination memo for
this action is available on PHMSA's website.\1\
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\1\ PHMSA, Implementing Procedures, <a href="https://www.phmsa.dot.gov/planning-and-analytics/environmental-analysis-and-compliance/implementing-procedures">https://www.phmsa.dot.gov/planning-and-analytics/environmental-analysis-and-compliance/implementing-procedures</a>.
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I. Executive Order 13175
PHMSA analyzed this final rule according to the principles and
criteria in E.O. 13175, Consultation and Coordination with Indian
Tribal Governments, 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 final rule and determined that it
will not significantly or uniquely affect Tribal communities or Indian
Tribal governments. The rulemaking's procedural amendments have a
broad, national scope; therefore, this 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,
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 final rule and has determined that its regulatory
amendments will not cause unnecessary obstacles to foreign trade.
[[Page 21973]]
L. Cybersecurity and Executive Order 14028
E.O. 14028, Improving the Nation's Cybersecurity, directs the
Federal Government to improve its efforts to identify, to deter, and to
respond to ``persistent and increasingly sophisticated malicious cyber
campaigns.'' PHMSA has considered the effects of the 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 practice and procedure, Penalties, Pipeline safety.
In consideration of the foregoing, 49 CFR part 190 is amended to
read 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); 49 U.S.C. 60101 et seq.
0
2. In Sec. 190.208, redesignate paragraphs (a)(3) and (a)(4) as
paragraphs (a)(4) and (a)(5) and add paragraph (a)(3) to read as
follows:
Sec. 190.208 Response options.
* * * * *
(a) * * *
(3) Request the execution of a consent order under Sec. 190.219.
* * * * *
0
3. In Sec. 190.219 revise paragraphs (a) and (b)(3) to read as
follows:
Sec. 190.219 Consent Order.
(a) At any time prior to the resolution of an enforcement
proceeding under subpart B of this part, the Regional Director and
respondent may agree to resolve the case by execution of a consent
agreement and order, which may be jointly executed by the parties and
issued by the Associate Administrator. Upon execution, the consent
order is considered a final order under Sec. 190.213.
(b) * * *
(3) An acknowledgement that the notice may be used to construe the
terms of the consent order; and
* * * * *
Issued in Washington, DC, on April 22, 2026, under authority
delegated in 49 CFR 1.97.
Paul J. Roberti,
Administrator.
[FR Doc. 2026-08055 Filed 4-23-26; 8:45 am]
BILLING CODE 4910-60-P
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</html>Indexed from Federal Register on April 24, 2026.
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.