Proposed Rule2026-08082
Pipeline Safety: Adjustment to OPID Notifications for Construction
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 increase the monetary threshold for Operator Identification Number notifications for certain construction and maintenance tasks on gas and hazardous liquid and carbon dioxide pipeline facilities. PHMSA is also proposing to adjust inflation adjustment procedures to provide a mechanism for updating these thresholds on an annual basis.
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 22091-22096]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2026-08082]
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DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 191 and 195
[Docket No. PHMSA-2026-1551]
RIN 2137-AG55
Pipeline Safety: Adjustment to OPID Notifications for
Construction
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 increase the monetary threshold for
Operator Identification Number notifications for certain construction
and maintenance tasks on gas and hazardous liquid and carbon dioxide
pipeline facilities. PHMSA is also proposing to adjust inflation
adjustment procedures to provide a mechanism for updating these
thresholds on an annual basis.
DATES: Comments must be received on or before June 23, 2026.
ADDRESSES: You may submit comments identified by the Docket Number
PHMSA-2026-1551 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, 202-281-
5413, <a href="/cdn-cgi/l/email-protection#9be8fae2f7fee9b5ebfaf7faf9e9f2f8fadbfff4efb5fcf4ed"><span class="__cf_email__" data-cfemail="0c7f6d7560697e227c6d606d6e7e656f6d4c686378226b637a">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION:
I. General Discussion
Through this NPRM, PHMSA is proposing to revise Sec. Sec.
191.22(c) and 195.64(c) to update to $20 million the monetary threshold
triggering an operator notification to PHMSA when the operator performs
certain construction activities on natural gas and hazardous liquid
pipeline facilities, and update to $300,000 or more the monetary
threshold triggering an operator notification to PHMSA when the
operator performs certain maintenance tasks on underground natural gas
storage facilities (UNGSF). PHMSA is also proposing in this NPRM to
revise the property damage threshold inflation-indexing formula in
Appendix A to Part 191 to broaden it and include inflation adjustments
for these construction and maintenance activity notification
thresholds.
Sections 191.22(c) and 195.64(c) currently require operators to
notify PHMSA for ``[c]onstruction or any planned rehabilitation,
replacement, modification, upgrade, uprate, or update of a facility,
other than a section of line pipe, that costs $10 million or more.''
Section 191.22(c) also requires operators to notify PHMSA for
``[m]aintenance of a UNGSF that involves the plugging or abandonment of
a well, or that requires a workover rig and costs $200,000 or more for
an individual well, including its wellhead.''
In response to DOT's request for information (90 FR 14593 (April 3,
2025)), the American Gas Association (AGA) and American Public Gas
Association (APGA) requested that PHMSA update Sec. 191.22(c) to
account for inflation, stating that ``construction costs have increased
to the point that a minor regulating station upgrade in a high cost
area such as [New York City] could easily result in costs that exceed
the $10 million threshold.'' \1\
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\1\ American Gas Association and American Public Gas
Association, ``Comments on Ensuring Lawful Regulation; Reducing
Regulation and Controlling Regulatory Costs'' (May 5, 2025), <a href="https://www.regulations.gov/comment/DOT-OST-2025-0026-0897">https://www.regulations.gov/comment/DOT-OST-2025-0026-0897</a>.
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[[Page 22092]]
PHMSA agrees with AGA and APGA and is proposing to increase the
base threshold amount for both notifications. Since construction
notification requirements were put into place for pipelines in 2010 and
for UNGSFs in 2020, inflation indexes associated with construction have
increased sharply. The Producer Price Index (PPI) for construction
materials has risen by 74 percent since 2010 and by 37 percent since
2020; the PPI for new nonresidential build construction has risen by 83
percent since 2010 and by 40 percent since 2020; the National Highway
Construction Cost Index (NHCCI) has risen by 124 percent since 2010 and
by 65 percent since 2020; and the Mortensen Construction Cost Index has
increased by 105 percent since 2010 and by 43 percent since 2020.\2\
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\2\ Federal Reserve Bank of St. Louis, Producer Price Index by
Commodity: Special Indexes: Construction Materials (last accessed
Jan. 23, 2026), <a href="https://fred.stlouisfed.org/series/WPUSI012011">https://fred.stlouisfed.org/series/WPUSI012011</a>;
Federal Reserve Bank of St. Louis, Producer Price Index by
Commodity: Construction (Partial): New Nonresidential Building
Construction (last accessed Jan. 23, 2026), <a href="https://fred.stlouisfed.org/series/WPU801">https://fred.stlouisfed.org/series/WPU801</a>; DOT, National Highway
Construction Cost Index (last accessed Jan. 23, 2026), <a href="https://explore.dot.gov/views/NHIInflationDashboard/NHCCI_1?%3Aiid=1&%3Aembed=y&%3AisGuestRedirectFromVizportal=y&%3Adisplay_count=n&%3AshowVizHome=n&%3Aorigin=viz_share_link">https://explore.dot.gov/views/NHIInflationDashboard/NHCCI_1?%3Aiid=1&%3Aembed=y&%3AisGuestRedirectFromVizportal=y&%3Adisplay_count=n&%3AshowVizHome=n&%3Aorigin=viz_share_link</a>; Mortenson,
Construction Cost Index (last accessed Jan. 23, 2026), <a href="https://www.mortenson.com/cost-index">https://www.mortenson.com/cost-index</a>.
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In response, PHMSA is proposing to increase the threshold for
construction notifications to $20 million for pipeline construction
notifications and $300,000 for UNGS construction notifications. In
addition, PHMSA proposes to update the inflation adjustment methodology
in Appendix A to Part 191 for updating these monetary thresholds on an
annual basis based on published changes in the average annual PPI for
construction materials for the most recent complete calendar year. Each
year after calendar year 2026, the Administrator will publish a notice
on PHMSA's website announcing the updates to the incident reporting and
OPID construction notification property damage threshold criteria that
will take effect on July 1 of that year and will remain in effect until
the June 30 of the next year. This process is identical to the existing
procedure for determining the incident reporting definition, albeit it
references the PPI for construction materials rather than the CPI for
all urban consumers. PHMSA, in a parallel action titled ``Pipeline
Safety: Property Damage Definition for Incident Reporting on Gas
Pipelines and Accidents on Hazardous Liquid Pipelines,'' is proposing
to adopt a new Appendix D to Part 195 that mirrors the inflation
adjustment procedures of Appendix A in Part 191. PHMSA repeats the
proposed Appendix D language in both NPRMs. See Docket No. PHMSA-2025-
0109, RIN 2137-AF78 for more information and analysis on the proposal
to adopt an inflation adjustment to the property damage threshold
criteria for accident reporting and National Response Center
notification in subpart B to Part 195.
PHMSA does not expect that the proposed revisions would have any
adverse effect on pipeline safety. In addition, the methodology for
calculating the property damage criterion for incident reporting would
remain unchanged.
Commenting Instructions: Please include the docket number PHMSA-
2026-1551 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 Sayler Palabrica, Office of Pipeline
Safety Standards and Rulemaking Division, Pipeline and Hazardous
Materials Safety Administration (PHMSA), 2nd Floor, 1200 New Jersey
Avenue SE, Washington, DC 20590-0001, or by email at
<a href="/cdn-cgi/l/email-protection#eb988a92878e99c59b8a878a899982888aab8f849fc58c849d"><span class="__cf_email__" data-cfemail="bac9dbc3d6dfc894cadbd6dbd8c8d3d9dbfaded5ce94ddd5cc">[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
[[Page 22093]]
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
proposed rule is a not significant regulatory action pursuant to E.O.
12866; OMB also has not designated this rule as a ``major rule'' as
defined by the Congressional Review Act (5 U.S.C. 801 et seq.).
PHMSA has complied with the procedural and analytical requirements
in E.O. 12866 as implemented by DOT Order 2100.6B and DOT Order 2100.7,
as well as the requirements in 49 U.S.C. 60102(b), and preliminarily
determined that this proposed rule will result in cost savings by
reducing regulatory burdens for gas and hazardous liquid pipeline
facility operators by reducing the number of notifications operators
are required to submit. The accompanying Preliminary Regulatory Impact
Analysis will provide detailed estimates of the potential costs savings
to operators from reduced notification requirements. PHMSA estimates
that the proposed rule would result in approximately $21,005 in cost
savings 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 would not have any adverse effects on
safety, as it only adjusts reporting requirements to keep up with
inflation.
C. Executive Orders 14192 and 14219
This proposed rule, if finalized as proposed, is expected to be a
deregulatory action pursuant to E.O. 14192, Unleashing Prosperity
Through Deregulation. PHMSA estimates that the total costs of the NPRM
on the regulated community will be less than zero. Nor does this
rulemaking implicate any of the factors identified in section 2(a) of
E.O. 14219, Ensuring Lawful Governance and Implementing the President's
``Department of Government Efficiency'' Deregulatory Initiative,
indicative that a regulation is ``unlawful . . . [or] that undermine[s]
the national interest.''
D. Energy-Related Executive Orders 13211, 14154, and 14156
The President has declared in E.O. 14156, Declaring a National
Energy Emergency, a national emergency to address America's inadequate
energy development production, transportation, refining, and generation
capacity. Similarly, E.O. 14154, Unleashing American Energy, asserts a
Federal policy to unleash American energy by ensuing access to abundant
supplies of reliable, affordable energy from (inter alia) the removal
of ``undue burden[s]'' on the identification, development, or use of
domestic energy resources such as PHMSA-jurisdictional gases and
hazardous liquids. PHMSA preliminarily finds this proposed rule is
consistent with each of E.O. 14156 and E.O. 14154. The proposed rule
will give affected pipeline operators relief from unnecessary
notifications that are not safety related. PHMSA therefore expects the
regulatory amendments in this proposed rule will in turn improve
pipeline operators' ability to provide abundant, reliable, affordable
natural gas and 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.\3\ This proposed rule was developed in
accordance with E.O. 13272 and DOT implementing guidance to ensure
compliance with the RFA. The proposed rule is expected to reduce
regulatory burdens by raising the threshold for construction activities
to require PHMSA notification. Further, the changes proposed here are
not expected to impose additional burdens on any operator. Therefore,
PHMSA certifies the proposed rule (if finalized) will not have a
significant impact on a substantial number of small entities.
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\3\ DOT, Rulemaking Requirements Concerning Small Entities,
<a href="https://www.transportation.gov/regulations/rulemaking-requirements-concerning-small-entities">https://www.transportation.gov/regulations/rulemaking-requirements-concerning-small-entities</a>.
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[[Page 22094]]
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). Increasing
the notification threshold on certain construction and maintenance
activities to account for inflation is procedural and does not change
any substantive safety standards, construction methods, or
environmental mitigation requirements; whether and how an operator
performs those activities does not depend on the notification
obligation. The notification to PHMSA is not to seek approval, but
rather to maintain an accurate assessment of the Nation's pipeline
infrastructure. 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 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. PHMSA is proposing to revise Sec. 191.22(c) to update to $15
million the monetary threshold triggering an operator notification to
PHMSA when the operator performs certain construction activities, and
update to $250,000 or more the monetary threshold triggering an
operator notification to PHMSA when the operator performs certain
maintenance tasks on underground natural gas storage facilities
(UNGSF). PHMSA currently receives, on average, 469 Type F
notifications, annually, via the Operator Registry Notification Form
(PHMSA F 1000.2). As a result of this change, PHMSA expects to receive
117 fewer Type F notifications.
PHMSA will submit the following information collection request to
OMB for approval based on the adjustments in this proposed rule. This
information collection is contained in the Federal Pipeline Safety
Regulations, 49 CFR part 191. The following information is provided for
this information collection: (1) Title of the information collection;
(2) OMB control number; (3) Current expiration date; (4) Type of
request; (5) Abstract of the information collection activity; (6)
Description of affected public; (7) Estimate of total annual reporting
and recordkeeping burden; and (8) Frequency of collection. The
information collection burden for the following information collections
is estimated to be revised as follows:
Title: OPID Assignment Request and Registry Notifications.
OMB Control Number: 2137-0627.
Current Expiration Date: 6/30/2028.
Type of Request: Revision.
Abstract: The National Registry of Pipeline and LNG Operators is
the storehouse for the reporting requirements for an operator regulated
or subject to reporting requirements under 49 CFR parts 192, 193, or
195. This mandatory information collection requires jurisdictional
pipeline operators to submit the required data to register with the
National Registry of Pipeline and LNG Operators and notify PHMSA when
they experience significant asset changes, including new construction,
that affect PHMSA's ability to monitor and assess pipeline safety
performance with accuracy. Certain types of changes to, or within, an
operator's facilities or pipeline network represent potential safety-
altering activities for which PHMSA may need to inspect, investigate,
or otherwise oversee to ensure that any public safety concerns are
adequately and proactively addressed. The forms for assigning and
maintaining OPID information are the Operator Assignment Request Form
(PHMSA F 1000.1) and Operator Registry Notification Form (PHMSA F
1000.2). The purpose of this information collection is to maintain an
accurate assessment of the Nation's pipeline infrastructure and to be
kept abreast of conditions that could potentially compromise the safety
and economic viability of the U.S. pipeline system. Due to the
provisions contained within the Pipeline Safety: Adjustment to OPID
Notifications for Construction NPRM, PHMSA expects to receive fewer
notifications pertaining construction activities and maintenance tasks.
Affected Public: Operators of natural gas and hazardous liquid
pipeline systems and operators of liquefied natural gas facilities.
Annual Reporting and Recordkeeping Burden:
Estimated number of responses: 627
Estimated annual burden hours: 627.
Frequency of collection: On occasion.
Requests for copies of this information collection should be
directed to Angela Hill at <a href="/cdn-cgi/l/email-protection#6e0f00090b020f40060702022e0a011a40090118"><span class="__cf_email__" data-cfemail="3958575e5c55581751505555795d564d175e564f">[email protected]</span></a>. Comments are invited
on:
(a) The need for the proposed collection of information for the
proper performance of the functions of the agency, including whether
the information will have practical utility;
(b) The accuracy of the agency's estimate of the burden of the
revised
[[Page 22095]]
collection of information, including the validity of the methodology
and assumptions used;
(c) Ways to enhance the quality, utility, and clarity of the
information to be collected; and
(d) Ways to minimize the burden of the collection of information on
those who are to respond, including the use of appropriate automated,
electronic, mechanical, or other technological collection techniques.
Send comments directly to the Office of Management and Budget,
Office of Information and Regulatory Affairs, Attn: Desk Officer for
the Department of Transportation, 725 17th Street NW, Washington, DC
20503. Comments should be submitted on or prior to June 23, 2026.
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
49 CFR Part 191
Natural gas, Notification requirements, Pipeline safety.
49 CFR Part 195
Carbon oxides, Notification requirements, Petroleum, Pipeline
safety.
For the reasons set forth above, PHMSA proposes to amend 49 CFR
parts 191 and 195 as follows:
PART 191--TRANSPORTATION OF NATURAL AND OTHER GAS BY PIPELINE;
ANNUAL, INCIDENT, AND OTHER REPORTING
0
1. The authority citation for Part 191 continues to read as follows:
Authority: 30 U.S.C. 185(w)(3), 49 U.S.C. 5121, 60101 et seq.,
and 49 CFR 1.97.
0
2. In Sec. 191.22 revise the introductory text of (c)(1) and revise
paragraphs (c)(1)(i) and (c)(1)(iv) to read as follows:
Sec. 191.22 National Registry of Operators
* * * * *
(c) * * *
(1) An operator must notify PHMSA of any of the following events at
least 60 days before the event occurs. For inflation adjustments
observed in calendar year 2026 onwards, changes to the monetary
reporting thresholds below will be posted on PHMSA's website. These
changes will be determined in accordance with the procedures in
Appendix A to Part 191:
(i) Construction or any planned rehabilitation, replacement,
modification, upgrade, uprate, or update of a facility, other than a
section of line pipe, that costs $15 million or more. If 60-day notice
is not feasible because of an emergency, an operator must notify PHMSA
as soon as practicable;
* * * * *
(iv) Maintenance of a UNGSF that involves the plugging or
abandonment of a well, or that requires a workover rig and costs
$250,000 or more for an individual well, including its wellhead. If 60-
day notice is not feasible because of an emergency, an operator must
notify PHMSA as soon as practicable;
* * * * *
0
3. Revise Appendix A to Part 191 to read as follows:
Appendix A to Part 191--Procedure for Determining Reporting Thresholds
I. Reporting Threshold Formula
Each year after calendar year 2026, the Administrator will
publish a notice on PHMSA's website announcing the updates to the
incident reporting property damage threshold and OPID construction
notification criteria that will take effect on July 1 of that year
and will remain in effect until the June 30 of the next year. The
reporting threshold used in this part shall be determined in
accordance with the following formula:
[GRAPHIC] [TIFF OMITTED] TP24AP26.092
Where:
T<INF>r</INF> is the revised reporting threshold,
T<INF>p</INF> is the previous reporting threshold,
PI<INF>r</INF> is the average price index published by the Bureau of
Labor Statistics each month during the most recent complete calendar
year. PHMSA will use the Consumer Price Indices for all Urban
Consumers for incident reporting and the Producer Price Index for
construction materials for OPID construction notifications.
PI<INF>p</INF> is the average price index for the calendar year used
to establish the previous incident reporting property damage
criteria or OPID construction notification criteria, as appropriate.
PART 195--TRANSPORTATION OF HAZARDOUS LIQUIDS BY PIPELINE
0
4. The authority citation for 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
5. In Sec. 195.64, revise paragraph (c)(1)(i) to read as follows:
Sec. 195.64 National Registry of Operators
* * * * *
(c) * * *
(1) * * *
(i) Construction or any planned rehabilitation, replacement,
modification, upgrade, uprate, or update of a facility, other than a
section of line pipe, that costs $20 million or more. If 60-day notice
is not feasible because of an emergency, an operator must notify PHMSA
as soon as practicable. For inflation adjustments observed in calendar
year 2026 onwards, changes to the monetary reporting thresholds
[[Page 22096]]
below will be posted on PHMSA's website. These changes will be
determined in accordance with the procedures in Appendix D to Part 195;
* * * * *
0
6. Add appendix D to Part 195 to read as follows
Appendix D to Part 195--Procedure for Determining Reporting Thresholds
I. Reporting Threshold Formula
Each year after calendar year 2026, the Administrator will
publish a notice on PHMSA's website announcing the updates to
property damage threshold criteria for accident reporting, National
Response Center (NRC) notification, and construction notifications
that will take effect on July 1 of that year and will remain in
effect until the June 30 of the next year. The reporting threshold
used in this part shall be determined in accordance with the
following formula:
[GRAPHIC] [TIFF OMITTED] TP24AP26.093
Where:
T<INF>r</INF> is the revised reporting threshold,
T<INF>p</INF> is the previous reporting threshold,
PI<INF>r</INF> is the average price index published by the Bureau of
Labor Statistics each month during the most recent complete calendar
year. PHMSA will use the Consumer Price Indices for all Urban
Consumers for accident reporting and NRC notifications and the
Producer Price Index for construction materials for OPID
construction notifications.
PI<INF>p</INF> is the average price index for the calendar year used
to establish the previous property damage criteria for accident
reporting, NRC notification, or construction notification, as
appropriate.
Issued in Washington, DC, on April 22, 2026, under the authority
delegated in 49 CFR 1.97.
Paul J. Roberti,
Administrator.
[FR Doc. 2026-08082 Filed 4-23-26; 8:45 am]
BILLING CODE 4910-60-P
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</html>Indexed from Federal Register on April 24, 2026.
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.