Rule2026-08072
Pipeline Safety: Standards Update-NFPA 58
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
January 1, 2027
Issuing agencies
Transportation DepartmentPipeline and Hazardous Materials Safety Administration
Abstract
This DFR amends PHMSA's regulations to incorporate by reference an updated edition of industry standard NFPA 58, Liquefied Petroleum Gas Code. This updated standard will maintain or improve public safety, prevent regulatory confusion, reduce compliance burdens on stakeholders, and satisfy a mandate in the National Technology Transfer and Advancement Act (NTTAA) of 1995.
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 21986-21990]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-08072]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Part 192
[Docket No. PHMSA-2026-1522; Amdt. No. 192-158]
RIN 2137-AG26
Pipeline Safety: Standards Update--NFPA 58
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 amends PHMSA's regulations to incorporate by
reference an updated edition of industry standard NFPA 58, Liquefied
Petroleum Gas Code. This updated standard will maintain or improve
public safety, prevent regulatory confusion, reduce compliance burdens
on stakeholders, and satisfy a mandate in the National Technology
Transfer and Advancement Act (NTTAA) of 1995.
DATES: The DFR is effective January 1, 2027, 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.
Compliance after June 23, 2026 is authorized. The incorporation by
reference of certain material listed in this rule is approved by the
Director of the Federal Register as of January 1, 2027.
ADDRESSES: You may submit comments identified by the Docket Number
PHMSA-2026-1522 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.
Alternatively, hand delivery is available to this address 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
[[Page 21987]]
commenting, see SUPPLEMENTARY INFORMATION.
FOR FURTHER INFORMATION CONTACT: Alyssa Imam, Transportation
Specialist, 1200 New Jersey Avenue SE, Washington, DC 20590, by phone
at 202-738-3850 or email at <a href="/cdn-cgi/l/email-protection#89e8e5f0fafae8a7e0e4e8e4c9ede6fda7eee6ff"><span class="__cf_email__" data-cfemail="197875606a6a783770747874597d766d377e766f">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. General Discussion
Through this DFR, PHMSA is incorporating by reference an update to
a voluntary, consensus industry technical standard already incorporated
by reference within 49 CFR part 192. Specifically, PHMSA is updating
the referenced edition of industry standard NFPA 58, Liquefied
Petroleum Gas Code to the 2024 edition (NFPA 58).
NFPA 58 provides criteria for all aspects of the safe design,
construction, installation, and operation of the full range of LP-Gas
piping, equipment, and venting, along with highway transportation of
liquefied petroleum gas. Reference to the 2024 edition of the standard
will replace the existing reference in Sec. 192.11 to NFPA 58,
Liquefied Petroleum Gas Code, 2020 edition, effective August 25, 2019.
This updated standard will maintain or improve public safety,
prevent regulatory confusion, and reduce compliance burdens on
stakeholders. The National Technology Transfer and Advancement Act
(NTTAA) of 1995 (15 U.S.C. 272 (note)) directs Federal agencies to,
``when practical and consistent with applicable laws, use technical
standards developed by voluntary consensus standard bodies instead of
government-developed technical standards.'' Consistent with that
mandate, PHMSA incorporates more than 80 industry standards by
reference into the Federal Pipeline Safety Regulations (49 CFR parts
190-199); however, many standards become outdated over time as new
editions become available. 49 U.S.C. 60102(l) directs PHMSA to update
incorporated industry standards.
Updating this standard ensures better alignment of PHMSA's
regulations with innovations in operational and management practices,
materials, testing, and technological advancements; enhances compliance
by avoiding conflict between different versions of the same industry
standards; and facilitates safety-focused allocation of resources by
pipeline operators. PHMSA technical experts have evaluated the changes
in the updated edition of NFPA 58 and concluded it will either maintain
or enhance the protection of public safety. These updates effectively
mitigate safety gaps by incorporating innovations in equipment design,
operational and maintenance practices, and testing, while addressing
latent vulnerabilities that were historically unidentifiable due to the
technical limitations of legacy data-gathering and monitoring
capabilities. PHMSA further concludes that the direct final rule's
updated standard is technically feasible, reasonable, cost-effective,
and practicable because of its respective anticipated commercial and
public safety benefits; and because the benefits better support PHMSA's
safety priorities compared to alternatives, thereby justifying any
associated compliance costs.
Availability of Materials to Interested Parties
Pursuant to section 24 of the Pipeline Safety, Regulatory
Certainty, and Job Creation Act of 2011 (Pub. L. 112-90, codified at 49
U.S.C. 60102(p)), ``the Secretary may not issue a regulation pursuant
to this chapter that incorporates any documents or portions thereof
unless the documents or portions thereof are made available to the
public, free of charge.'' The standard incorporated in this direct
final rule is available from the following website: <a href="https://www.nfpa.org/Codes-and-Standards/All-Codes-and-Standards/List-of-Codes-and-Standards">https://www.nfpa.org/Codes-and-Standards/All-Codes-and-Standards/List-of-Codes-and-Standards</a>. The material can also be obtained by interested parties
through the applicable publisher contact information listed in Sec.
192.7. Additional information regarding standards availability can be
found at <a href="https://www.phmsa.dot.gov/standards-rulemaking/pipeline/standards-incorporated-reference">https://www.phmsa.dot.gov/standards-rulemaking/pipeline/standards-incorporated-reference</a>.
Commenting Instructions: Please include the docket number PHMSA-
2026-1522 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. 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 our docket at <a href="https://www.regulations.gov">https://www.regulations.gov</a>. You
may review DOT's complete Privacy Act Statement by visiting <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 Brianna Wilson, 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#3250405b535c5c531c455b5e415d5c72565d461c555d44"><span class="__cf_email__" data-cfemail="e684948f87888887c8918f8a958988a6828992c8818990">[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 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 determined that this direct final
rule--which updates an industry standard already incorporated by
reference into its regulations--is unlikely to elicit significant
adverse comment. See 49 U.S.C. 60102(b)(6)(A). PHMSA similarly finds
that publication of a proposed rulemaking on which comment is solicited
would be ``unnecessary'' pursuant to section
[[Page 21988]]
553(b)(B) of the Administrative Procedure Act (5 U.S.C. 551 et seq.)
because this rulemaking merely adopts an updated version of an industry
standard that itself reflects a broad consensus among affected industry
stakeholders.
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'' 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.''
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
and determined that this direct final rule may result in minimal cost
savings by reducing regulatory burdens and regulatory uncertainty for
pipeline facility operators. In general, updates to consensus industry
standards are widely accepted and followed on a voluntary basis
throughout most of the pipeline industry. PHMSA understands that most
pipeline operators already purchase and voluntarily apply industry
standards--including the updated standard that is the subject of this
rulemaking--within their ordinary business practices. Incorporation of
the updated version of the standard referenced in this direct final
rule will help ensure that the industry is not forced to incur the
additional cost of complying with different versions of the same
standard. The cost savings of this rulemaking could not be quantified.
Updating to a more recent edition of the industry standard will
ensure better alignment of PHMSA's regulations with innovations in
operational and maintenance practices, equipment design, and testing.
These updates address known safety risks, encourage facilities to
invest in safety enhancing innovations, and improve public safety.
C. Executive Orders 14192 and Executive Order 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 direct final rule on the
regulated community will be less than zero. Nor do the regulatory
amendments herein 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 inadequate U.S.
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 the benefit of using the updated standard
to maintain or improve public safety, prevent regulatory confusion, and
reduce compliance burdens on stakeholders. PHMSA therefore expects the
regulatory amendment in this direct final 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 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 supply, distribution, or energy use.
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 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 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
[[Page 21989]]
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, PHMSA expects no affected operators will face
significant costs because the referenced standard is widely available
for purchase at relatively low cost, most operators are already in
compliance with the content of the referenced standard, and compliance
costs for any remaining operators are expected to be negligible.
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 established in
another Operating Administration's procedures. PHMSA followed the
requirements outlined in DOT Order 5610.1D to 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\ DOT, 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 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, 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 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, deter, and
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 192
Incorporation by reference, Natural gas, Pipeline safety.
[[Page 21990]]
For the reasons set forth above, PHMSA amends 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 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.
0
2. In Sec. 192.7, revise paragraph (i)(2) to read as follows:
Sec. 192.7 What documents are incorporated by reference partly or
wholly in this part?
* * * * *
(i) * * *
(2) NFPA 58, Liquefied Petroleum Gas Code, 2024 edition, effective
September 14, 2023, (NFPA 58); IBR approved for Sec. 192.11.
* * * * *
Issued in Washington, DC, on April 22, 2026, under the authority
delegated in 49 CFR 1.97.
Paul J. Roberti,
Administrator.
[FR Doc. 2026-08072 Filed 4-23-26; 8:45 am]
BILLING CODE 4910-60-P
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