Proposed Rule2026-08077
Pipeline Safety: Hazardous Liquid Valve Maintenance Schedule
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 allow operators of hazardous liquid and carbon dioxide pipelines to determine a valve inspection schedule with a maximum valve inspection interval of 1 year, not to exceed 15 months.
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 22119-22122]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-08077]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Part 195
[Docket No. PHMSA-2026-1554]
RIN 2137-AG58
Pipeline Safety: Hazardous Liquid Valve Maintenance Schedule
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 allow operators of hazardous liquid and
carbon dioxide pipelines to determine a valve inspection schedule with
a maximum valve inspection interval of 1 year, not to exceed 15 months.
DATES: Comments must be received on or before June 23, 2026.
ADDRESSES: You may submit comments identified by the Docket Number
PHMSA-2026-1554 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: Robert Jagger, Senior Transportation
Specialist, by telephone at 202-557-6765 or by email at
<a href="/cdn-cgi/l/email-protection#41332e232433356f2b202626243301252e356f262e37"><span class="__cf_email__" data-cfemail="ee9c818c8b9c9ac0848f89898b9cae8a819ac0898198">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. General Discussion
This NPRM proposes to harmonize the valve inspection intervals for
pipeline facilities. Hazardous liquid and carbon dioxide pipeline
operators are required to, ``at least twice each calendar year, but at
intervals not exceeding 7\1/2\ months, inspect each mainline valve to
determine that it is functioning properly'' in accordance with 49 CFR
195.420(b). Section 192.745(a), however, only requires gas transmission
pipeline operators to inspect and partially operate ``[e]ach
transmission line valve that might be required during any emergency . .
. at intervals not exceeding 15 months, but at least once each calendar
year.''
PHMSA received comment from the American Petroleum Institute (API),
the Liquid Energy Pipeline Association (LEPA), and GPA Midstream (GPA)
on both the ``Mandatory Regulatory Reviews to Unleash American Energy
and Improve Government Efficiency'' advance notice of proposed
rulemaking \1\ and the DOT request for information,\2\ requesting that
PHMSA align the Part 195 valve maintenance requirements with current
Part 192 regulations. Specifically, API, LEPA, and GPA stated that
``PHMSA should delete unnecessary detail and allow the inspection
schedule to run off of maintenance records, age, risk, and other
relevant factors.'' <SUP>3 4</SUP>
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\1\ PHMSA, Advance Notice of Proposed Rulemaking: Pipeline
Safety: Mandatory Regulatory Reviews to Unleash American Energy and
Improve Government Efficiency, 90 FR 2660 (Jun. 4, 2025).
\2\ Office of the Secretary, DOT, Request for Information:
Ensuring Lawful Regulation; Reducing Regulation and Controlling
Regulatory Costs, 90 FR 14593 (Apr. 3, 2025).
\3\ API and LEPA, ``Re: Comments on Ensuring Lawful Regulation;
Reducing Regulation and Controlling Regulatory Costs'' at 7, 18 (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>.
\4\ API et al., ``Comments in Response to `Mandatory Regulatory
Reviews to Unleash American Energy and Improve Government
Efficiency' Advance Notice of Proposed Rulemaking'' at 54 (Aug. 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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PHMSA agrees with API, LEPA, and GPA and is proposing to amend
Sec. 195.420(b) to require hazardous liquid and carbon dioxide
pipeline operators to inspect each mainline valve to determine it is
functioning properly at least once each calendar year, but at intervals
not exceeding 15 months. Harmonizing requirements between pipeline
operators who operate both types of systems will simplify compliance,
reduce regulatory burdens, and provide cost savings without
compromising safety. Of the 554 hazardous liquid and carbon dioxide
pipeline operators and 1,040 gas transmission pipeline operators, a
total of 124 operate both system types. PHMSA expects this change will
reduce confusion for these operators in addition to reducing burdens
for all operators of hazardous liquid and carbon dioxide pipelines.
[[Page 22120]]
Commenting Instructions: Please include the docket number PHMSA-
2026-1554 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 <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 Robert Jagger, 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#b0c2dfd2d5c2c49edad1d7d7d5c2f0d4dfc49ed7dfc6"><span class="__cf_email__" data-cfemail="ff8d909d9a8d8bd1959e98989a8dbf9b908bd1989089">[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. 60101 et seq.) and delegated to the PHMSA Administrator
pursuant to 49 CFR 1.97.
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'' unless 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 NPRM
is a not significant regulatory action pursuant to E.O. 12866; OMB also
has not designated this NPRM 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 result in cost savings by
reducing regulatory burdens for hazardous liquid facility operators by
harmonizing the hazardous liquid valve maintenance requirements with
the gas transmission valve maintenance requirements and ultimately
relaxing them from the current standard. The accompanying Preliminary
Regulatory Impact Analysis provides detailed estimates of the potential
cost savings from the updated valve inspection frequency. PHMSA
estimates that the changes in the proposed rule would result in cost
savings of $377,147 annually. PHMSA expects these cost savings may also
result in reduced costs for the public to whom pipeline operators
generally transfer a portion of their compliance costs. PHMSA also
preliminarily determined that the proposed rule will not have adverse
effects on safety based on analysis of incident data for hazardous
liquid and gas transmission pipelines.
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
[[Page 22121]]
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 relief from valve maintenance requirements. PHMSA therefore
expects the regulatory amendments in this proposed rule will in turn
increase national pipeline transportation capacity and improve pipeline
operators' ability to provide abundant, reliable, affordable hazardous
liquid 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.
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 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.\5\ 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 harmonizing the valve inspection frequency for
hazardous liquid and carbon dioxide pipelines with the valve inspection
frequency for gas transmission pipelines. 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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\5\ 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. 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. 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). Changing
the frequency of the minimum inspection interval does not absolve
hazardous liquid pipeline operators of the requirement to maintain each
valve necessary for the safe operation of their pipeline systems so it
complies with pertinent design (including Sec. Sec. 195.116 and
195.258) and operational requirements (including Sec. Sec. 195.401 and
195.419) at all times. Therefore, PHMSA 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
[[Page 22122]]
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 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 above, 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.
0
2. In Sec. 195.420, revise paragraph (b) to read as follows:
Sec. 195.420 Valve maintenance.
* * * * *
(b) Each operator must, at least once each calendar year, but at
intervals not exceeding 15 months, inspect each mainline valve to
determine that it is functioning properly. Each rupture-mitigation
valve (RMV), as defined in Sec. 195.2 and not contained in a gathering
line, or alternative equivalent technology that is installed in
accordance with Sec. Sec. 195.258(c) or 195.418, must also be
partially operated. Operators are not required to close the valve fully
during the inspection; a minimum 25 percent valve closure is sufficient
to demonstrate compliance, unless the operator has operational
information that requires an additional closure percentage for
maintaining reliability.
* * * * *
Issued in Washington, DC, on April 22, 2026, under the authority
delegated in 49 CFR 1.97.
Paul J. Roberti,
Administrator.
[FR Doc. 2026-08077 Filed 4-23-26; 8:45 am]
BILLING CODE 4910-60-P
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