Proposed Rule2026-08068
Pipeline Safety: Remote Monitoring of Hazardous Liquid Pipeline Rectifiers
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
Issuing agencies
Transportation DepartmentPipeline and Hazardous Materials Safety Administration
Abstract
This NPRM proposes to clarify that required electrical checks of rectifiers and other cathodic protection equipment may be performed remotely on hazardous liquid and carbon dioxide pipelines. This proposal is consistent with standards previously adopted for gas transmission pipelines.
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)]
[Proposed Rules]
[Pages 22115-22119]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-08068]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Part 195
[Docket No. PHMSA-2026-1550]
RIN 2137-AG54
Pipeline Safety: Remote Monitoring of Hazardous Liquid Pipeline
Rectifiers
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
Department of Transportation (DOT).
ACTION: Notice of proposed rulemaking (NPRM).
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SUMMARY: This NPRM proposes to clarify that required electrical checks
of rectifiers and other cathodic protection equipment may be performed
remotely on hazardous liquid and carbon dioxide pipelines. This
proposal is consistent with standards previously adopted for gas
transmission pipelines.
DATES: Comments must be received on or before June 23, 2026.
ADDRESSES: You may submit comments identified by the Docket Number
PHMSA-2026-1550 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,
[[Page 22116]]
Washington, DC 20590, 202-744-0825, <a href="/cdn-cgi/l/email-protection#7605170f1a13045806171a1714041f15173612190258111900"><span class="__cf_email__" data-cfemail="84f7e5fde8e1f6aaf4e5e8e5e6f6ede7e5c4e0ebf0aae3ebf2">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. General Discussion
Steel pipelines are subject to corrosion, a natural process that
causes metal materials to deteriorate through an electrochemical
reaction known as oxidation. Cathodic protection systems prevent
corrosion by applying a continuous electrical current to the pipeline
using a device called a rectifier. Rectifiers and other similar devices
must operate continuously to prevent corrosion.
PHMSA has prescribed requirements for the use of these devices in
49 CFR 195.573(c). Section 195.573(c) requires an operator of a
hazardous liquid or carbon dioxide pipeline to conduct periodic
electrical checks of cathodic protection devices for proper
performance. Rectifiers, reverse current switches, diodes, and
interference bonds whose failure would jeopardize structural protection
must be checked at least six times each year (with intervals between
checks not exceeding 2\1/2\ months), and other interference bonds must
be checked at least once a year, but with intervals not exceeding 15
months.
PHMSA proposes to clarify that an operator can perform these checks
remotely, provided the device is physically inspected at least once
each year. PHMSA proposed a similar amendment in a prior rulemaking
proceeding (85 FR 21140 (Apr. 16, 2020); PHMSA-2018-0047) and is
renewing that proposal in this proceeding to align with the comparable
requirements for gas transmission pipelines (86 FR 2210 (Jan. 11,
2021)). PHMSA notes that its enforcement guidance indicates that these
checks may be performed remotely, provided the device is periodically
calibrated or checked for accuracy.\1\ PHMSA further notes that
stakeholders have recently submitted comments in response to a request
for information (90 FR 14593 (Apr. 3, 2025)) urging the agency to
authorize explicitly the remote monitoring of rectifiers on hazardous
liquid pipelines by aligning the requirements with similar revisions
made to the gas transmission pipeline corrosion control monitoring
requirements in 49 CFR 192.465(b).\2\ For gas transmission pipelines,
Sec. 192.465(b) allows remote monitoring provided the device is
physically inspected once each year.
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\1\ PHMSA, Part 195 Corrosion Enforcement Guidance, at 59 (June
22, 2016). <a href="https://www.phmsa.dot.gov/pipeline/enforcement/corrosion-enforcement-guidance-part-195">https://www.phmsa.dot.gov/pipeline/enforcement/corrosion-enforcement-guidance-part-195</a>.
\2\ American Petroleum Institute and the Liquid Energy Pipeline
Association, ``Comments on Ensuring Lawful Regulation; Reducing
Regulation and Controlling Regulatory Costs'' at 8 (May 5, 2025),
<a href="https://www.regulations.gov/comment/DOT-OST-2025-0026-0874">https://www.regulations.gov/comment/DOT-OST-2025-0026-0874</a>.
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PHMSA agrees with the commenters and proposes to revise the
monitoring requirements in Sec. 195.573(c) to align with the gas
transmission pipeline requirements in Sec. 192.465(b). The revised
monitoring requirements acknowledge that remote monitoring is an
acceptable method for performing required electrical checks to verify
that adequate amperage and voltage levels needed to provide cathodic
protection are maintained, provided the device is physically inspected
for continued safe and reliable operation at least once each calendar
year with an interval between inspections not exceeding 15 months.
However, the proposed amendment to Sec. 195.573 does not include
language from Sec. 192.465 specifying remote measurement or onsite
inspection as allowable inspection methods, to avoid being overly
restrictive. As an alternative to the existing gas transmission
language regarding annual physical inspections, PHMSA requests comments
on whether the language in the enforcement guidance for hazardous
liquid pipeline corrosion indicating that remotely monitored devices be
``periodically calibrated or checked for accuracy'' provides more
clarity. PHMSA could also consider adopting language from relevant
consensus standards.
Consistent with current Government Publishing Office policy, the
NPRM numbers the revised table in Sec. 195.573(c). Section
195.573(b)(2) also includes a table specifying evaluation frequencies
for unprotected pipe before and after December 29, 2003. Since the
deadline for that change in operations and maintenance procedures has
long passed, PHMSA proposes an editorial amendment to eliminate
reference to the pre-2003 requirements rather than renumbering the
existing table.
Commenting Instructions: Please include the docket number PHMSA-
2026-1550 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 U.S.C. Sec. 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. Sec. 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 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 Standards and Rulemaking Division, 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#f784968e9b9285d987969b9695859e9496b7939883d9909881"><span class="__cf_email__" data-cfemail="e291839b8e8790cc92838e8380908b8183a2868d96cc858d94">[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. Sec. 60101 et seq.) and delegated to the PHMSA
Administrator pursuant to 49 CFR 1.97.
[[Page 22117]]
B. Statutory Requirement and Executive Order 12866
The Federal Pipeline Safety Laws (49 U.S.C. 60102(b)) require that
PHMSA prepare a risk assessment that identifies the costs and benefits
associated with a proposed regulatory change. 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
proposed 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,
as well as the requirements in 49 U.S.C. 60102(b) and preliminarily
determined that this proposed rule will not impose costs since it
codifies existing enforcement guidance that remote monitoring of
rectifiers on hazardous liquid and carbon dioxide pipelines is allowed.
The proposed rule would result in greater regulatory certainty, and to
the extent that it encourages operators to use cost-effective remote
monitoring methods, it may result in modest cost savings. The cost
savings of this rulemaking could not be quantified because PHMSA does
not have information on how operators currently monitor rectifiers.
PHMSA also preliminarily determined that the proposed rule will not
have any adverse safety impacts since the annual physical inspection
ensures remote monitoring devices are functioning properly.
C. Executive Orders 14192 and 14219
This proposed rule, if finalized as proposed, is expected to be a
deregulatory action pursuant to E.O. 14192, Unleashing Prosperity
Through Deregulation. 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.''
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 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 when using
remote monitoring technologies. This encourages the adoption of remote
monitoring, which can result in lower costs for inspection and
maintenance activities. PHMSA therefore expects the regulatory
amendments in this proposed rule will in turn improve pipeline
operators' ability to provide abundant, reliable, affordable petroleum,
petroleum products, and other hazardous liquids 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, 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, 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 proposed rule may (when finalized) 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
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 (RFA, 5 U.S.C. 601 et seq.) requires
Federal
[[Page 22118]]
agencies to conduct an Initial Regulatory Flexibility Analysis (IRFA)
for a proposed rule subject to notice-and-comment rulemaking 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, obliges agencies to establish procedures promoting
compliance with the RFA. DOT posts its implementing guidance on a
dedicated web page.\3\ This proposed rule was developed in accordance
with E.O. 13272 and DOT implementing guidance to ensure compliance with
the RFA. The proposed rule is expected to reduce regulatory burdens by
clarifying that operators are allowed to monitor rectifiers on
hazardous liquid pipelines remotely. Further, the changes proposed here
are not expected to impose additional burdens on any operator.
Therefore, PHMSA certifies the proposed rule (if finalized) will not
have a significant impact on a substantial number of small entities.
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\3\ DOT, Rulemaking Requirements Concerning 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>.
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G. Unfunded Mandates Reform Act of 1995
The Unfunded Mandates Reform Act (UMRA, 2 U.S.C. Sec. 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 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. Sec. 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
issues this draft Finding of No Significant Impact (FONSI) because it
has preliminarily determined that the rulemaking will not adversely
affect safety and 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, 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 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. Sec. 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 to 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 proposed
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, to deter, and to
respond to ``persistent and increasingly sophisticated malicious cyber
campaigns.'' PHMSA has considered the effects of the proposed rule and
has determined that its proposed regulatory amendments would not
materially affect the cybersecurity risk profile for pipeline
facilities.
List of Subjects in 49 CFR Part 195
Pipeline safety.
For the reasons set forth in the preamble, PHMSA proposes to amend
49 CFR part 195 as follows:
PART 195--TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE
0
1. The authority citation for 49 CFR Part 195 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.
[[Page 22119]]
0
2. In Sec. 195.573, revise paragraphs (b)(2) and (c) to read as
follows:
Sec. 195.573 What must I do to monitor external corrosion control?
* * * * *
(b) * * *
(2) Reevaluate at least once every 3 calendar years, but with
intervals not exceeding 39 months.
(c) Rectifiers and other devices. Electrically check rectifiers and
other devices to ensure adequate amperage and voltage levels needed to
provide cathodic protection are maintained in accordance with the
frequency specified in Table 1 to Sec. 195.573. For devices
electrically checked remotely, also physically inspect the device for
continued safe and reliable operation at least once each calendar year,
but with intervals not exceeding 15 months.
Table 1--to Sec. 195.573
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Device Check frequency
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(1) Rectifier, reverse current switch, At least six times each
diode, or interference bond whose calendar year, but with
failure would jeopardize structural intervals not exceeding 2\1/2\
protection. months.
(2) Other interference bonds........... At least once each calendar
year, but with intervals not
exceeding 15 months.
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* * * * *
Issued in Washington, DC, on April 22, 2026, under the authority
delegated in 49 CFR 1.97.
Paul J. Roberti,
Administrator.
[FR Doc. 2026-08068 Filed 4-23-26; 8:45 am]
BILLING CODE 4910-60-P
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