Rule2026-08070
Pipeline Safety: Electronic Retention of Part 194 Response Plans
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 DFR will amend facility response plan regulations to allow operators of oil pipelines to keep electronic copies of onshore oil spill response plans or the "relevant portions" of those plans in lieu of paper copies.
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 22036-22039]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-08070]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Part 194
[Docket No. PHMSA-2026-1519; Amdt. No. 194-6]
RIN 2137-AG23
Pipeline Safety: Electronic Retention of Part 194 Response Plans
AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA),
Department of Transportation (DOT).
ACTION: Direct final rule (DFR); request for comments.
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SUMMARY: This DFR will amend facility response plan regulations to
allow operators of oil pipelines to keep electronic copies of onshore
oil spill response plans or the ``relevant portions'' of those plans in
lieu of paper copies.
DATES: The DFR is effective August 3, 2026, unless adverse comments are
received by June 23, 2026. If adverse comments are received,
notification will be published in the Federal Register before the
effective date withdrawing the rule and publishing a notice of proposed
rulemaking to provide an additional opportunity for public comment.
ADDRESSES: You may submit comments identified by the Docket Number
PHMSA-2026-1519 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: Brooks Tate, Transportation
Specialist, 1200 New Jersey Avenue SE, Washington, DC 20590, 202-281-
5413, <a href="/cdn-cgi/l/email-protection#1a786875757169346e7b6e7f5a7e756e347d756c"><span class="__cf_email__" data-cfemail="ceacbca1a1a5bde0baafbaab8eaaa1bae0a9a1b8">[email protected]</span></a>.
[[Page 22037]]
SUPPLEMENTARY INFORMATION:
I. General Discussion
Through this DFR, PHMSA is expressly permitting hazardous liquid
operators to maintain electronic versions of onshore pipeline oil spill
response plans required by 49 CFR 194.111. Currently, Sec. 194.111
states that ``[e]ach operator shall maintain relevant portions of its
response plan at the operator's headquarters and at other locations
from which response activities may be conducted, for example, in field
offices, supervisors' vehicles, or spill response trailers.''
Comments submitted by American Petroleum Institute (API), Liquid
Energy Pipeline Association (LEPA), and GPA Midstream on PHMSA's recent
``Unleashing American Energy'' Advance Notice of Proposed Rulemaking
(90 FR 23660 (June 4, 2025)) \1\ have requested PHMSA update Sec.
194.111 to allow for electronic copies of response plans, as ``today's
phones and devices [can be used as] plan storage and response
checklists with more capabilities than a paper document. Allowing
electronic storage and access would nullify the need for copies to be
kept in vehicles or trailers,'' and ``could also increase security
protections of these critical documents.''
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\1\ API et al., ``Comments on Pipeline Safety: Mandatory
Regulatory Reviews to Unleash American Energy and Improve Government
Efficiency'' (June 4, 2025), <a href="https://www.regulations.gov/comment/PHMSA-2025-0050-0058">https://www.regulations.gov/comment/PHMSA-2025-0050-0058</a>.
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For this reason, PHMSA is amending Sec. 194.111 to allow a
pipeline operator to maintain relevant portions of oil spill response
plans electronically on a secured handheld device.
Commenting Instructions: Please include the docket number PHMSA-
2026-1519 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. 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 Brooks Tate, 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#e88a9a8787839bc69c899c8da88c879cc68f879e"><span class="__cf_email__" data-cfemail="c2a0b0adada9b1ecb6a3b6a782a6adb6eca5adb4">[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 direct 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. Upon evaluation, and for the reasons explained
above, PHMSA has determined that this direct final rule is unlikely to
elicit significant adverse comment. See 49 U.S.C. 60102(b)(6)(A) and 49
CFR 190.339. 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 changes the form
(rather than the content) of operator oil spill response plans to align
better with industry and societal movement toward electronic (rather
than hard copy) documentation.
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 requirements.''
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 DFR
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.
In so doing, PHMSA has determined that this direct final rule will
result in
[[Page 22038]]
some cost savings by reducing regulatory burdens for pipeline facility
operators by allowing operators to maintain response plans
electronically rather than in paper form. The cost savings of this
rulemaking could not be quantified because PHMSA lacks information on
how operators might adjust their records practices to incorporate
electronic response plans and potential associated savings of resources
thereof. PHMSA also determined that this rulemaking will not have any
adverse safety effects.
C. Executive Orders 14192 and 14219
This direct 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 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 gasses and
hazardous liquids. PHMSA finds this direct final rule is consistent
with each of E.O. 14156 and E.O. 14154. The direct final rule will give
affected pipeline operators cost savings by allowing operators to use
modern technology for oil spill response plan maintenance and
recordkeeping. PHMSA therefore expects the regulatory amendments in
this direct final rule will in turn increase efficiencies and remove
undue financial burdens.
However, this direct 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 direct final rule is
not a significant action under E.O. 12866, it will not have a
significant adverse effect on the supply, distribution, or use of
energy; OIRA has therefore not designated this direct final rule as a
significant energy action.
E. Executive Order 13132: Federalism
PHMSA analyzed this direct 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 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 direct final rule may 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 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
direct 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 DFR, so the RFA
does not apply. However, the regulatory amendments introduced here are
expected to reduce burdens on operators by clarifying that electronic
documents satisfy PHMSA requirements for oil spill response plans.
Further, PHMSA expects no affected operators will face significant
costs from the option to adopt the latest technology for ease of
document submission. Therefore, PHMSA certifies that this DFR will not
have a significant economic 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 direct 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 direct 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) procedures. PHMSA followed the
requirements outlined in DOT Order 5610.1D to apply the Federal Highway
Administration's (FHWA) CE to this deregulatory action. This rule does
not change substantive plan requirements and PHMSA therefore 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.
[[Page 22039]]
I. Executive Order 13175
PHMSA analyzed this direct 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 direct 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 direct 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 nor rescind any existing
information collections; however, this rulemaking provides for a 30-day
comment period. After the effective date of the final rule, PHMSA will
request amendment of the pertinent information collections consistent
with Paperwork Reduction Act requirements and implementing guidance.
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 direct 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, directed 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 direct 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 194
Environmental protection, Hazardous materials transportation, Oil
pollution, Petroleum, Pipeline safety, Pipelines, Reporting and
recordkeeping requirements, Transportation, Water pollution control.
In consideration of the foregoing, PHMSA amends 49 CFR part 194, as
follows:
PART 194--RESPONSE PLANS OR ONSHORE OIL PIPELINES
0
1. The authority citation for Part 194 continues to read as follows:
Authority: 33 U.S.C. 1231, 1321(j)(1)(C), (j)(5) and (j)(6);
sec. 2, E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; 49 CFR
1.53.
0
2. In Sec. 194.111, revise paragraph (a) to read as follows:
Sec. 194.111 Response plan retention.
(a) Each operator shall maintain relevant portions of its response
plan at:
(1) The operator's headquarters and other locations from which
response activities may be conducted, for example in field offices,
supervisors' vehicles, or spill response trailers; or
(2) Electronic storage on a readily accessible secured portable
device.
* * * * *
Issued in Washington, DC, on April 22, 2026, under the authority
delegated in 49 CFR 1.97.
Paul J. Roberti,
Administrator.
[FR Doc. 2026-08070 Filed 4-23-26; 8:45 am]
BILLING CODE 4910-60-P
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