Rule2026-08056
Pipeline Safety: Electronic Submission of Requests for Written Interpretations and Special Permits
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
August 3, 2026
Issuing agencies
Transportation DepartmentPipeline and Hazardous Materials Safety Administration
Abstract
This final rule makes certain editorial corrections and non- substantive changes to 49 CFR part 190 to facilitate the electronic submission of requests for written interpretations and special permits.
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 21965-21968]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-08056]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Part 190
[Docket No. PHMSA-2026-1539; Amdt. No. 190-27]
RIN 2137-AG43
Pipeline Safety: Electronic Submission of Requests for Written
Interpretations and Special Permits
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
Department of Transportation (DOT).
ACTION: Final rule.
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SUMMARY: This final rule makes certain editorial corrections and non-
substantive changes to 49 CFR part 190 to facilitate the electronic
submission of requests for written interpretations and special permits.
DATES: This rule is effective August 3, 2026.
FOR FURTHER INFORMATION CONTACT: Angela Hill, Transportation
Specialist, 1200 New Jersey Avenue SE, Washington, DC 20590, 202-680-
2034, <a href="/cdn-cgi/l/email-protection#ff9e91989a939ed197969393bf9b908bd1989089"><span class="__cf_email__" data-cfemail="15747b727079743b7d7c797955717a613b727a63">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: In this final rule, PHMSA is making certain
editorial corrections and non-substantive changes to the procedural
requirements in 49 CFR part 190 to facilitate the electronic submission
of requests for written interpretations and special permits.
Specifically, Sec. 190.11(b) specifies the procedures for obtaining a
written regulatory interpretation, response to a question, or an
opinion concerning pipeline safety. PHMSA is revising Sec. 190.11(b)
to include an email address as an additional option for submitting the
requests to PHMSA. Currently, operators may submit a written regulatory
interpretation request by mail to the Office of Pipeline Safety at 1200
New Jersey Avenue SE, Washington, DC 20590-0001.
Similarly, Sec. 190.341(b) specifies the procedures for applying
for a special permit. Applications for special permits must be
submitted either by direct fax to PHMSA at (202) 366-4566 or by mail,
including express mail or overnight courier, to the Associate
Administrator for Pipeline Safety, PHMSA at 1200 New Jersey Avenue SE,
East Building, Washington, DC 20590. PHMSA is revising Sec. 190.341(b)
to add the option for applicants to submit requests for special permits
electronically.
Regulatory Analyses and Notices
A. Legal Authority
This final rule is published under the authority of the Secretary
of Transportation set forth in the Federal Pipeline Safety Laws (49
U.S.C. 60101 et seq.) and delegated to the PHMSA Administrator pursuant
to 49 CFR 1.97. PHMSA has good cause under 5 U.S.C. 553(b)(B) to issue
this final rule without prior notice and comment. PHMSA finds that
notice and comment is unnecessary as the change is a minor amendment
and is inherently non-burdensome because PHMSA is simply revising the
requirements in Sec. Sec. 190.11(b) and 190.341(b) to include the
option to submit certain requests to PHMSA electronically.
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
[[Page 21966]]
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'' except where
required by law or compelling safety need. DOT Order 2100.7 requires
that ``all rulemaking activities shall be based on sound economic
principles and analysis supported by rigorous cost-benefit
requirement,'' 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 new requirements in the
Federal Pipeline Safety Regulations. Similarly, the final rule does not
have any adverse effects on safety.
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. This final rule adds the option for applicants to submit
requests for special permits electronically. The non-substantive
changes of this rulemaking do not impose any new requirements on
pipeline operators and should improve the clarity and compliance with
the Federal Pipeline Safety Regulations. 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 improve the ease of
submitting certain requests to PHMSA by adding the option to submit
them electronically. The provisions of this final rule are non-
substantive and will not impose new requirements on pipeline operators;
they are intended to promote the ease of operators complying with the
existing regulations.
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.
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'' 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.''
While the final rule 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 the Federal Pipeline Safety Laws prohibits certain State
safety regulation of interstate pipelines. Under the 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
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 (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 the final rule will provide
operators additional flexibility by allowing for special permit
requests via email. Further, the regulatory amendments introduced here
will not impose additional burdens on any operator.
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) 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.
[[Page 21967]]
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 in another
Operating Administration's apply a categorical exclusion issued by the
Federal Highway Administration (FHWA) 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 regulatory 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.
L. Cybersecurity and Executive Order 14028
E.O. 14028, Improving the Nation's Cybersecurity, directs 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 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
Natural gas, Pipeline safety.
In consideration of the foregoing, PHMSA amends 49 CFR part 190 as
follows:
PART 190--PIPELINE SAFETY ENFORCEMENT AND REGULATORY PROCEDURES
0
1. The authority citation for 49 CFR 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. 11, revise paragraph (b) to read as follows:
Sec. 190.11 Availability of informal guidance and interpretive
assistance.
* * * * *
(b) Availability of written interpretations. A written regulatory
interpretation, response to a question, or an opinion concerning a
pipeline safety issue may be obtained by submitting a written request
to the Office of Pipeline Safety (PHP-30), PHMSA, U.S. Department of
Transportation, 1200 New Jersey Avenue SE, Washington, DC 20590-0001 or
by email to <a href="/cdn-cgi/l/email-protection#d6a6bfa6b3babfb8b389bfb8a2b3a4a689a5a3b4bbbfa2a2b7ba96b2b9a2f8b1b9a0"><span class="__cf_email__" data-cfemail="64140d1401080d0a013b0d0a100116143b171106090d1010050824000b104a030b12">[email protected]</span></a>. The requestor must
include his or her return address and should also include a daytime
telephone number. Written requests should be submitted at least 120
days before the time the requestor needs a response.
* * * * *
0
3. In Sec. 190. 341, revise paragraph (b)(2) to read as follows:
Sec. 190.341 Special permits.
* * * * *
(b) * * *
(2) Mail, express mail, or overnight courier to the Associate
Administrator for Pipeline Safety, Pipeline and Hazardous Materials
Safety Administration, 1200 New Jersey Avenue SE, East Building,
Washington, DC 20590 or by email to <a href="/cdn-cgi/l/email-protection#ea9a839a8f8683848f999a8f89838b869a8f9887839e99aa8e859ec48d859c"><span class="__cf_email__" data-cfemail="25554c5540494c4b40565540464c4449554057484c515665414a510b424a53">[email protected]</span></a>.
* * * * *
[[Page 21968]]
Issued in Washington, DC, on April 22, 2026, under the authority
delegated in 49 CFR 1.97.
Paul J. Roberti,
Administrator.
[FR Doc. 2026-08056 Filed 4-23-26; 8:45 am]
BILLING CODE 4910-60-P
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