Rule2026-08074
Pipeline Safety: Clarifying Hazardous Liquid Pipeline Integrity Management Guidance
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 makes corrections and clarifications to certain guidance for implementing an integrity management program on hazardous liquid and carbon dioxide 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)]
[Rules and Regulations]
[Pages 22047-22050]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-08074]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Part 195
[Docket No. PHMSA-2026-1520; Amdt. No. 195-118]
RIN 2137-AG24
Pipeline Safety: Clarifying Hazardous Liquid Pipeline Integrity
Management Guidance
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 makes corrections and clarifications to certain
guidance for implementing an integrity management program on hazardous
liquid and carbon dioxide pipelines.
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-2026-1520 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, Washington, DC 20590, 202-744-
0825, <a href="/cdn-cgi/l/email-protection#3c4f5d4550594e124c5d505d5e4e555f5d7c585348125b534a"><span class="__cf_email__" data-cfemail="502331293c35227e20313c31322239333110343f247e373f26">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. General Discussion
Through this DFR, PHMSA is making corrections and clarifications to
Appendix C to 49 CFR part 195. Appendix C provides guidance to
operators for implementing integrity management (IM) requirements in
Sec. Sec. 195.450-195.454. This includes guidance on conditions an
operator should consider when determining whether a hazardous liquid
pipeline is located in or could-affect a High-Consequence Area (HCA),
and therefore subject to IM requirements. It also includes guidance on
identifying threats to the integrity of a pipeline.
This DFR finalizes revisions proposed in a prior deregulatory
effort published in 2020 (85 FR 21140 (Apr. 16, 2020)) and addresses
comments received in that proceeding. In response to a 2017
Notification of Regulatory Review (82 FR 45750 (Oct. 2, 2017)),
stakeholders raised concerns with the guidance for considering the
possibility of spilled product migrating via drainage tiles when
determining whether a pipeline crossing an agricultural field could
affect an HCA. In the same comment, stakeholders suggested that the
guidance to consider physical support, operating pressure, and natural
forces that are currently listed in the guidance for identifying HCAs
should instead be listed with the guidance for identifying threats to
pipeline integrity.
In the 2020 NPRM, PHMSA proposed to address these comments by
clarifying that the recommended consideration of agricultural drainage
tiles is based on information and knowledge available to the operator.
PHMSA also proposed to relocate the guidance to consider the physical
support of the pipeline, maximum operating pressure exceedances, and
natural force damage caused by earth movement or seismicity from the
guidance for identifying segments that could-affect HCAs in section I.B
of Appendix C to the guidance on identifying threats in section II.A.
Finally, PHMSA proposed to clarify at the beginning of Appendix C that
the document provides non-binding guidance, but if an operator
incorporates it into their IM program, then they would have to comply
with it. Public comments submitted in response to the NPRM were
generally supportive of clarifying guidance, however a group of
stakeholders commented that PHMSA must emphasize the need for site-
specific flexibility and that the appendix is non-enforceable guidance
(Docket No. PHMSA-2018-0047-0029). This proposal was otherwise non-
controversial.
To address concerns raised by comments in response to the 2020
NPRM, this DFR omits language from the 2020 NPRM that suggested that
Appendix C became mandatory if an operator elects to incorporate it
into their IM programs or operations and maintenance (O&M) manuals.
Appendix C remains non-binding guidance. While an operator is required
to follow their written O&M manuals and IM programs, incorporating
portions of Appendix C does not make any other portion of that document
enforceable, nor is an operator prohibited from modifying elements in
Appendix C when they choose to adapt them to their facility's IM plan
provided it meets the minimum requirements in Part 195.
Commenting Instructions: Please include the docket number PHMSA-
2026-1520 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
[[Page 22048]]
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, 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#2350425a4f46510d53424f4241514a404263474c570d444c55"><span class="__cf_email__" data-cfemail="3a495b43565f48144a5b565b584853595b7a5e554e145d554c">[email protected]</span></a>. Any materials PHMSA receives that
are 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); 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 adopts language
previously recommended by stakeholders in response to a 2020 NPRM.
Lastly, PHMSA notes that the amendments to Appendix C adopted in this
rulemaking are more consistent with the non-binding character of that
guidance to its IM regulations than alternative language that PHMSA had
proposed in the 2020 NPRM.
B. Executive Order 12866
E.O. 12866, Regulatory Planning and Review, as implemented by DOT
Order 2100.6B (``Policies and Procedures for Rulemaking'') and DOT
Order 2100.7 (``Ensuring Reliance upon Sound Economic Analysis in
Department of Transportation Policies, Programs, and Activities''),
requires agencies to regulate in the ``most cost-effective manner,'' to
make a ``reasoned determination that the benefits of the intended
regulation justify its costs,'' and to develop regulations that
``impose the least burden on society.'' In arriving at those
conclusions, E.O. 12866 requires that agencies should consider ``both
quantifiable measures . . . and qualitative measures of costs and
benefits that are difficult to quantify'' and ``maximize net benefits .
. . unless a statute requires another regulatory approach.'' E.O. 12866
also requires that ``agencies should assess all costs and benefits of
available regulatory alternatives, including the alternative of not
regulating.'' DOT Order 2100.6B directs that PHMSA and other Operating
Administrations must generally choose the ``least costly regulatory
alternative that achieves the relevant objectives'' unless required by
law or compelling safety need. DOT Order 2100.6B also specifies that
regulations should generally ``not be issued unless their benefits are
expected to exceed their costs.'' DOT Order 2100.7 requires that ``all
rulemaking activities shall be based on sound economic principles and
analysis supported by rigorous cost-benefit requirement.''
E.O. 12866 and DOT Order 2100.6B also require that PHMSA submit
``significant regulatory actions'' to the Office of Information and
Regulatory Affairs (OIRA) within the Executive Office of the
President's Office of Management and Budget (OMB) for review. This
direct 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.
In so doing, PHMSA has determined that this direct final rule will
result in minimal cost savings by reducing regulatory uncertainty for
pipeline facility operators in developing and implementing their IM
plans. The cost savings of this rulemaking could not be quantified
because PHMSA lacks information on operators' baseline practices and
how many fewer surveys would be required following this guidance. PHMSA
also determined that this final rule will not have any adverse safety
effects.
C. Executive Orders 14192 and 14219
This final rule will be 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 clarifies
non-binding guidance and therefore the benefits are primarily from
regulatory certainty. To the extent guidance regarding considering
drainage tiles caused operators to survey for such facilities, revising
that guidance will reduce costs for hazardous liquid pipeline
operators. PHMSA therefore expects the regulatory amendments in this
direct final rule will in turn increase national pipeline
transportation capacity and improve pipeline operators' ability to
provide abundant, reliable, affordable
[[Page 22049]]
petroleum, petroleum products, and other hazardous liquids 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; 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, PHMSA expects no affected operators will face
significant costs because the rule only makes clarifying changes to the
non-binding guidance found in Appendix C; indeed, those clarifications
generally reinforce that Appendix C guidance does not prescribe
mandatory requirements. 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
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 direct final rule in accordance with NEPA and
issues this Finding of No Significant Impact (FONSI), as it has
determined that the rulemaking will not adversely affect safety and
will not significantly affect the quality of the human and natural
environment.
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,
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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 195
Pipeline Safety.
For the reasons set forth above, PHMSA amends 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.
0
2. Amend Appendix C to Part 195 as follows:
0
a. Revise the introductory text of Appendix C to Part 195;
0
b. Republish the introductory text of paragraph I, revise paragraphs
I.B(3) and (6) through (11), and remove paragraph I.B(12); and
0
c. Republish the introductory text of paragraph II, and revise
paragraphs II.A(11), (15), and (17).
The revisions and republications read as follows:
Appendix C to Part 195-Guidance for Implementation of an Integrity
Management Program
This appendix gives guidance to help an operator implement
integrity management program requirements in Sec. Sec. 195.450 and
195.452. This appendix is intended to give advice to operators on how
to implement the requirements of the integrity management requirements.
This appendix is not legally binding and conformity with this appendix
is voluntary only. Guidance is provided on:
(1) Information an operator may use to identify a high consequence
area and factors an operator can use to consider the potential impacts
of a release on an area;
(2) Risk factors an operator can use to determine an integrity
assessment schedule;
(3) Safety risk indicator tables for leak history, volume or line
size, age of pipeline, and product transported, an operator may use to
determine if a pipeline segment falls into a high, medium, or low risk
category;
(4) Types of internal inspection tools an operator could use to
find pipeline anomalies;
(5) Measures an operator could use to measure an integrity
management program's performance;
(6) Types of records an operator will have to maintain; and
(7) Types of conditions that an integrity assessment may identify
that an operator should include in its required schedule for evaluation
and remediation.
I. Identifying a high consequence area and factors for considering
a pipeline segment's potential impact on a high consequence area.
B. * * *
(3) Crossing of farm tile fields. Using available information and
knowledge, an operator should consider the possibility of spillage in a
field following a drain tile into a waterway.
* * * * *
(6) Operating conditions of the pipeline (pressure, flow, mode of
operation, etc.).
(7) The hydraulic gradient of the pipeline.
(8) The diameter of the pipeline, the potential release volume, and
the distance between the isolation points.
(9) Potential physical pathways between the pipeline and the high-
consequence area.
(10) Response capability (time to respond, nature of response).
(11) Potential of terrain and waterways to be flooded and serve as
a conduit to a high consequence area.
II. Risk factors for establishing frequency of assessment.
A. * * *
(11) Location related to potential flooding or ground movement
(e.g., flood zones, seismic faults, rock quarries, and coal mines);
climatic (permafrost causes settlement--Alaska); geologic (earthquakes,
landslides, or subsidence areas).
* * * * *
(15) Operating conditions of the pipeline (pressure, stress levels,
flow rate, etc.). Consider if the pipeline has been exposed to an
operating pressure exceeding the established maximum operating
pressure.
* * * * *
(17) Physical support of the pipeline segment such as by a cable
suspension bridge. An operator should look for stress indicators on the
pipeline (strained supports, inadequate support at towers), atmospheric
corrosion, vandalism, and other obvious signs of improper maintenance.
* * * * *
Issued in Washington, DC, on April 22, 2026, under the authority
delegated in 49 CFR 1.97.
Paul J. Roberti,
Administrator.
[FR Doc. 2026-08074 Filed 4-23-26; 8:45 am]
BILLING CODE 4910-60-P
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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.